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8WAT CITY NO. 7 OF ORONO1P339 RESOLUTION OF THE CITY COUNCIL IIIL c)-4kES H 04`f" maneuverability space. The unpermitted constructed expansions are created by the Applicant, are not a right, are not necessary to preserve the existing home, and are not supported by practical difficulty. c. The variance, if granted, will not alter the essential character of the locality." The proposed expansion of the impervious surface areas within the 75-foot setback result in additional hardcover setback encroachments toward the lake which are out of character with the neighborhood. The new hardcover areas within the setback are not supported by practical difficulty and are inconsistent with the Comprehensive Plan. This criterion is not met. B4."Economic considerations alone do not constitute practical difficulties." The variance is not sought principally to increase financial gain to the owners of the Property. Economic considerations have not been a factor in the variance approval determination. B5."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. B6."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."A driveway exceeding 8-feet in width and additional patio hardcover are not allowed within the Shoreland Overlay District. B7."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. B8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property."There are no obvious special conditions applying to the land which are unique, or support the requested hardcover setback variances. Beyond the existing home and location of the approved improvements on the Property which was created by the Applicant, special conditions to the land justifying the variance, have not been identified. B9."The conditions do not apply generally to other land or structures in the district in which the land is located."The Applicant has not identified conditions. This criterion is not met. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicant will not be deprived of a substantial property right by denying the hardcover setback variance. As stated in 4