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1cLa1T CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> 1, 01N. NO. 7449 <br /> tA"Es H OQ't <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 /> 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 /> B4."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 /> 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-1 A District. <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 /> 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 /> 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 /> 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 /> 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 /> 3 <br />