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-0 <br /> °moo CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7422 <br /> tI kE s H 0`k <br /> 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar <br /> energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. § <br /> 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not <br /> applicable. <br /> 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City <br /> Code Chapter 78 for property in the zone where the affected person's land is located." This condition <br /> is not applicable,as a residential home is a permitted use in the LR-1C District. <br /> 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br /> family dwelling." This condition is not applicable. <br /> 8. "The special conditions applying to the structure or land in question are peculiar to such property or <br /> immediately adjoining property." The substandard lot size, substandard lot width, and existing <br /> conditions of the property are unique conditions to this specific property.This criterion is met. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the land is <br /> located."While the surrounding properties are similar in size,the location of the existing structures on <br /> the property are unique to the subject property.This criterion is met. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial <br /> property right of the applicant."The existing home is in a nonconforming location.The proposal will <br /> maintain a similar lake setback.The application proposes an increase in hardcover in order to construct <br /> a modern,usable home.The new home will be in line with the neighboring home and meet the average <br /> lakeshore setback. The proposed home will improve the existing home's location to the side and rear <br /> property lines and remove an illegal shed.This criterion is met. <br /> 11. "The granting of the proposed variance will not in any way impair health,safety, comfort or morals, <br /> or in any other respect be contrary to the intent of this chapter."Granting the requested variances will <br /> not adversely impact health,safety,comfort,or morals of the community.This criterion is met. <br /> 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is <br /> necessary to alleviate demonstrable difficulty." The variances allow for the construction of a new <br /> home in a similar location to the existing home,while improving some of the nonconformities.This <br /> criterion is met. <br /> 4 <br />