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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7449 <br /> <br /> <br />3 <br /> <br />impact the ALS line. applying the ALS over this parcel eliminates the legal <br />building envelope. The owner did not create the lot and is proposing structures <br />in locations that improve the current condition. This criterion is met; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” The <br />proposed scale and location of the home and detached garage are <br />improvements from the existing condition and will not alter the character of the <br />area. This criterion is met. <br /> <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <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 /> <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 buildings are an allowed use in the <br />LR-1A District. <br /> <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 /> <br />B8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The configuration and orientation of the <br />Property are extremely unique. The additional condition of the view easement is also a <br />unique condition of the Property. <br /> <br />B9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” This criterion is met. <br /> <br />B10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” Without the variance, the Property would be <br />unbuildable. The variance is necessary to preserve the primary property right of the owner. <br /> <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.” This criterion is met. <br /> <br />95