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0 moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7422tIkEsH0`k 5. "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. 6. "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 a residential home is a permitted use in the LR-1C District. 7. "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. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The substandard lot size, substandard lot width, and existing conditions of the property are unique conditions to this specific property.This criterion is met. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."While the surrounding properties are similar in size,the location of the existing structures on the property are unique to the subject property.This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The existing home is in a nonconforming location.The proposal will maintain a similar lake setback.The application proposes an increase in hardcover in order to construct a modern,usable home.The new home will be in line with the neighboring home and meet the average lakeshore setback. The proposed home will improve the existing home's location to the side and rear property lines and remove an illegal shed.This criterion is met. 11. "The granting of the proposed variance will not in any way impair health,safety, comfort or morals, or in any other respect be contrary to the intent of this chapter."Granting the requested variances will not adversely impact health,safety,comfort,or morals of the community.This criterion is met. 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty." The variances allow for the construction of a new home in a similar location to the existing home,while improving some of the nonconformities.This criterion is met. 4