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-WAT CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y*IL G NO. 7272 <br /> kE <br /> b. There are circumstances unique to the property not created by the landowner; The <br /> lake and its inlet limit the building envelope for the property. The <br /> surrounding lakeshore is unique property feature of the lane and <br /> c. The variance will not alter the essential character of the locality. The variances <br /> are requested in order to permit construction of a home designed to fit the <br /> character of the neighborhood according to the submitted information. <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br /> 78. This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located. This condition is not applicable, as the use for a single family home is an <br /> allowed use in the LR-1A District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling. This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The Property's substandard size and <br /> orientation with respect to the lakeshore creates difficulties which may also apply <br /> to properties in the same neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which the <br /> land is located. The Property's substandard size and orientation with respect to the <br /> lakeshore creates difficulties which may also apply to properties in the same <br /> neighborhood. However, the location of the lake surrounding the building envelope <br /> is very unique to the Property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting a lot area, side yard and lake <br /> setback variances are necessary for the preservation of the property right of the <br /> application. The variances for retaining walls and hardcover in the lakeyard <br /> facilitate the use of the Property for the new home and are necessary for the <br /> preservation of the property rights of the owners. The wetland buffer setback and <br /> 75 foot lakeyard setback variances are improving the accessibility of the lot and a <br /> smaller footprint than existing infrastructure. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested variances in this unique situation is not contrary to the intent of the <br /> zoning chapter. <br /> 4 <br />