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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />No. 7393 <br />line prevent changes or expansions of the home on the lake side. The <br />circumstances are unique to the Property; and <br />c. The variance, if granted, will not alter the essential character of the locality. " The <br />variance is requested in order to permit construction of the lakeside deck to <br />which will not adversely impact the character of the neighborhood according to <br />the submitted information. <br />64. "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 />66. "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'0 land is <br />located." This condition is not applicable, as residential improvements are an allowed use <br />in the LR-1 B District. <br />B7. "The board or council may permit as a variance the temporary use of cone -family dwelling <br />as atwo-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 home location and design does not permit <br />construction of a functional deck depth or allow for an access to grade. The home <br />location, the Property's topography and orientation with respect to the lakeshore and the <br />adjacent homes create difficulties for the Applicants in improving the property consistent <br />with the homes in their neighborhood on the lake side. <br />B9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The linear shoreline and generally linear placement of neighboring homes <br />applies to the other homes in the immediate neighborhood. <br />810."The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." The Applicants' submitted information supports <br />the request for the average lakeshore setback variance and they have indicated it is <br />necessary for the preservation of the property right of the owners. <br />3 <br />