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cLQAT CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />k J No. 7387 <br />SH <br />C. The variance, if granted, will not alter the essential character of the locality." There <br />were previously existing retaining walls, lakeside deck, lake stairs, and a <br />shed located in the bluff/lake yard. The variances to permit the expanded <br />walls within the bluff and 75-foot lake setback will help to maintain the <br />existing slope and character of the area. <br />B4."Economic considerations alone do not constitute practical difficulties." 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." This condition is not applicable as residential improvements are permitted <br />within the residential 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."The slope of the Property and lakeshore <br />improvements destroyed by fire are unique conditions affecting the subject <br />Property. <br />B9."The conditions do not apply generally to other land or structures in the district in which the <br />land is located."The steep slope, existing timber wall configuration, and the existing <br />improvements create conditions which do not apply to all of the adjacent <br />properties. <br />B10."The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." Granting bluff, average lakeshore, 75-foot <br />lake setback variances to allow the replacement retaining walls within the 75-foot <br />lake setback to remain as constructed with an expanded footprint is reasonable, is <br />a better solution long-term, and is necessary to preserve the rights of the owner. <br />need for variances is supported by the vulnerable slope on the Property. <br />B11."The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter." Granting the lake <br />4