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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7272 <br /> <br /> <br />4 <br /> <br />The entrance monuments are permitted by the city code but the proposed <br />location is not reasonable within the wetland buffer and lakeyard setback. <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 /> <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 for the new entrance monuments are not <br />necessary for the enjoyment and use of 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