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OAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL e. NO. 7283 I"l"EsHo " 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The owners propose to install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The owners have proposed retaining walls to protect against failure of the slope. The existing slope of the lake yard was not the result of actions by the owner; and c. The variance, if granted, will not alter the essential character of the locality." There are existing retaining walls in the lake yard. The variance to permit the expanded retaining wall structure within the 75-foot lake setback will help to maintain the existing slope and character 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. 2, when in harmony with Orono City Code Chapter 78."This criterion 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 criterion is not applicable, as residential improvements are allowed within the LR-1 C Lakeshore Residential 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 criterion 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 slope of the Property combined with the pre-existing improvements are unique conditions affecting the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The steep slope, existing failing timber wall configuration, and the existing improvements create conditions which do not apply to all of the adjacent properties. 3