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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. 7489 <br /> <br />3 <br /> <br />The location of the existing home prevents changes or expansions of the home consistent <br />with the neighborhood. The proposed overall hardcover level is not changing. The <br />circumstances are unique to the property; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The variance requested to permit the modification to the home’s entryway and roofline are <br />not visible from the lake and do not expand the footprint or increase hardcover. The <br />proposal will not alter the character of the neighborhood. This criterion is met. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations <br />have not been a factor in the variance approval determination. <br /> <br />5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar <br />energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br />216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not <br />applicable. <br /> <br />6. “The board or the council may not permit as a variance any use that is not permitted under Orono City <br />Code Chapter 78 for property in the zone where the affected person's land is located.” This condition <br />is not applicable, as a residential home is a permitted use in the LR-1A District. <br /> <br />7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br />family dwelling.” This condition is not applicable. <br /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property.” The existing home’s proximity to the lakeshore and the existing <br />conditions of the site are unique to the site. This criterion is met. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the land is <br />located.” The unique condition of the nonconforming home and site does not apply to other properties <br />in the area. This criterion is met. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant.” Granting the variance is necessary for the preservation of the property <br />rights of the owners. This criterion is met. <br /> <br />11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter.” Granting the requested variance in <br />this unique situation is not contrary to the intent of the zoning chapter. This criterion is met. <br /> <br />57