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1cLa1T CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1, 01N. NO. 7449 tA" Es H OQ't impact the ALS line. applying the ALS over this parcel eliminates the legal building envelope. The owner did not create the lot and is proposing structures in locations that improve the current condition. This criterion is met; and c. The variance, if granted, will not alter the essential character of the locality." The proposed scale and location of the home and detached garage are improvements from the existing condition and will not alter the character of the area. This criterion is met. B4."Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5."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. B6."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 residential buildings are an allowed use in the LR-1 A District. B7."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. B8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The configuration and orientation of the Property are extremely unique. The additional condition of the view easement is also a unique condition of the Property. B9."The conditions do not apply generally to other land or structures in the district in which the land is located."This criterion is met. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."Without the variance, the Property would be unbuildable. The variance is necessary to preserve the primary property right of the owner. B11."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."This criterion is met. 3