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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO, 77 1 7 <br />Crystal Bay Road, and adjacent properties creates difficulties. The hardcover <br />encroachments proposed within the lake yard appear to be reasonable. <br />b. There are circumstances unique to the property not created by the landowner; The <br />uniquely small lot size, width and location to the lake and roadway within the <br />LR -1C zoning district standards prevent a residential footprint consistent <br />with the neighborhood. The proposed hardcover level are unique to the <br />property to serve the proposed home. 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 an addition to an existing <br />home designed to fit the character of the neighborhood according to the <br />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. 17, when in harmony with Orono City Code <br />Chapter 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 single family resident is an allowed use <br />in the LRAC 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, Crystal Bay Road, and adjacent properties <br />creates difficulties which also apply to many of the properties in the same <br />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, Crystal Bay Road, and adjacent properties creates difficulties which also <br />apply to many of the properties in the same neighborhood. However the existing <br />home location unique to this 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 side yard, hardcover and lake <br />setback variances are necessary for the preservation of the property right of the <br />applicant. <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 hardcover, side yard and lake setback variances in this unique situation <br />is not contrary to the intent of the zoning chapter. <br />