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-'cLOAT CITY NO. 7 OF ORONO342 <br /> RESOLUTION OF THE CITY COUNCIL <br /> -�'EsHovti <br /> The encroachment into the ALS will not impact the character of the locality. <br /> 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations <br /> 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 for solar <br /> energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br /> 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not <br /> applicable. <br /> 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City <br /> Code Chapter 78 for property in the zone where the affected person's land is located." This condition <br /> is not applicable, as a residential home is an allowed use in the LR-1B District. <br /> 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br /> family dwelling." This condition is not applicable. <br /> 8. "The special conditions applying to the structure or land in question are peculiar to such property or <br /> immediately adjoining property." The extreme distance of the average lakeshore setback due to the <br /> neighbor to the north is unique to this property. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the land is <br /> located." The conditions do not apply to other land and structures in the district due to the unique ALS <br /> for this neighborhood. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial <br /> property right of the applicant."The applicant states this to be true. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br /> or in any other respect be contrary to the intent of this chapter." The proposed encroachment is not <br /> anticipated to impair any health or safety goals of the city. <br /> 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is <br /> necessary to alleviate demonstrable difficulty." Per the applicant,granting this proposal is not for <br /> convenience. Granting is necessary due to limited buildable site a reasonable use and very <br /> reasonable and minor improvement. <br /> 3 <br />