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