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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7265 <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 home is an allowed use in <br />the LR -113 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 slope of the property combined with <br />the pre-existing improvements is a unique condition to the subject property. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The subject property's specific slope and existing improvements are <br />creating conditions which do not apply to adjacent properties. <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 lake setback variance to allow <br />the retaining walls within the 75 -foot lake setback is reasonable and necessary to <br />preserve the property rights of the owner and supported by the vulnerable lake yard <br />slope on the property. <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 />lakeyard setback variance allowing the retaining walls within the 75 -foot lake <br />setback will not adversely impact health, safety, comfort or morals, or in any way <br />be contrary to the ordinances. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty. The location of the slope in the <br />lakeyard does not support another, conforming location for the retaining wall. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section 78-1379 to allow reconstruction of retaining <br />walls within the lakeyard, subject to the following conditions; <br />1. Council approval is based on the entire record, above Findings. <br />2. The approved project shall conform to the survey dated 4/5/2022 submitted by the <br />Applicants and annotated by City staff, attached to this Resolution as Exhibit A. <br />