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O CITY OF ORONO �� RESOLUTION OF THE CITY COUNCIL = NO. 7270 F G `ikESHO request is a reasonable use of the Properties as it will further the goals of protecting against overcrowding at the lakeshore in this zoning district and lessen difficulties created by historical development in the neighborhood. Furthermore, the decrease in hardcover at 3683 North Shore Drive serves to mitigate the impacts of hardcover runoff and improve storm water management for the property. b. There are circumstances unique to the property not created by the landowner; The unique shape, size, and orientation of the Properties present challenges. The properties have been developed over time, not exclusively by the property owners. The proposed boundary line adjustment follows the historic development pattern the area which has created difficulties at the lakeshore due to non-conforming lots. The suggested reallocation of land would result in an improvement of the existing nonconformities and closer to conformity with the current zoning requirements for the neighborhood. It would also provide the property owners with properties boundaries consistent with their actual use of the properties given the unique topography of the lots. There should be consideration for variance approvals from the lot width as the Applicants are proposing improvements on both lots. c. The variance will not alter the essential character of the locality. The lots are both nonconforming as they pertain to lot width, similar to other lots in the neighborhood. Altering the lot line between the parcels improves the lot width as one point of measurement but increase the nonconformity at another point of measurement creating an even trade between the two nonconforming parcels. Any impact to the area is positive as it allows the property owners to have property boundaries consistent with their actual and practical use given the unique topography of the area. 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. 17, 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 a single family home is permitted in the LR-1C 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. 4