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p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL l G~ NO. 7424 fkESH0 ' a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of a new wall to screen the outdoor living space is reasonable as it does not impact the neighbor's view of the lake. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The placement of the existing home and the topography of the area are unique to the property and not created by the landowner. This criterion is met;and c. The variance, ifgranted, will not alter the essential character of the locality." The proposed variance resulting in a new screen wall fencing will not impact the neighboring views of the lake. This criterion is met. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 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-1B 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 existing nonconforming elements of the property and the topography of the area are unique to the 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." The existing original home on the subject property is a unique condition. This criterion is met.The extreme average Lakeshore setback and topography is unique to the property limiting height of some accessory improvements on the site. This criterion is met. 3