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AWN- CITY OF ORONO RESOLUTION OF THE CITY COUNCIL sF NO. 7264 4kESHoO" c. The variance, if granted, will not alter the essential character of the locality." The proposed project would bring the land grading created by a previous owner closer to the natural grade of the sloped lakeyard. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78."This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as house with a patio and pool are an allowed use in the LR-1B District. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The grading on the parcel is unique, left over from an older home demolition project. Elevating the proposed pool and patio above 42 inches in height is not unique due to the land depression. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The depression in the land left from the demolition from a previous home supports the argument for deviation from the strict reading, as this condition is not found in the area 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The proposed project to elevate the grade for the site to a maintainable slope is necessary for the preservation of the nature sloped lakeyard. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The proposed project will restore the nature slope of the lakeyard which will align with the neighboring properties. 3