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WAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y*IL G NO. 7272 kE b. There are circumstances unique to the property not created by the landowner; The lake and its inlet limit the building envelope for the property. The surrounding lakeshore is unique property feature of the lane and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. 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. 2, 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 the use for a single family home is an allowed use in the LR-1A 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. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The Property's substandard size and orientation with respect to the lakeshore creates difficulties which may also apply to properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The Property's substandard size and orientation with respect to the lakeshore creates difficulties which may also apply to properties in the same neighborhood. However, the location of the lake surrounding the building envelope is very unique to the Property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lot area, side yard and lake setback variances are necessary for the preservation of the property right of the application. The variances for retaining walls and hardcover in the lakeyard facilitate the use of the Property for the new home and are necessary for the preservation of the property rights of the owners. The wetland buffer setback and 75 foot lakeyard setback variances are improving the accessibility of the lot and a smaller footprint than existing infrastructure. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances in this unique situation is not contrary to the intent of the zoning chapter. 4