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-OAT CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y NO. 0:009R5 <br /> F <br /> t"IkESHORO <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The Applicant proposes to reconstruct a nonconforming building to improve <br /> functionality for the owners. The cabin was not constructed by the current owners; <br /> and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The requested variance will not result in the Property being out of character with <br /> the neighborhood;will not expand the footprint of the building; or result in additional <br /> encroachment into the setback toward the lake. The new encroachment will not <br /> alter the character of the locality. This criterion is met. <br /> 4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. "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 /> 6. "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 a residential accessory building is an allowed <br /> use in the LR-1A District. <br /> 7. "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 /> 8. "The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property." The proximity of the existing cabin to the lake <br /> is an existing condition which is unique to the Property. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The location and existence of the lake yard accessory building is an <br /> existing condition unique to a small number of properties in the City, but could be applied <br /> to all other properties with lake yard accessory buildings and boathouses. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Substantial property right is provided by the <br /> 4 <br />