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�t0� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL riNilliL t G� NO. 7393 •qkE S H OV-- line prevent changes or expansions of the home on the lake side. The circumstances are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality." The variance is requested in order to permit construction of the lakeside deck to which will not adversely impact the character of the neighborhood according to the submitted information. B4."Economic considerations alone do not constitute practical difficulties." 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." This condition is not applicable, as residential improvements are an allowed use in the LR-1B 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." The home location and design does not permit construction of a functional deck depth or allow for an access to grade. The home location, the Property's topography and orientation with respect to the lakeshore and the adjacent homes create difficulties for the Applicants in improving the property consistent with the homes in their neighborhood on the lake side. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The linear shoreline and generally linear placement of neighboring homes applies to the other homes in the immediate neighborhood. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicants' submitted information supports the request for the average lakeshore setback variance and they have indicated it is necessary for the preservation of the property right of the owners. 3