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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7566 <br />B4. Economic considerations alone do not constitute practical difficulties; economic <br />considerations have not been a factor in the variance approval determination; and <br />B5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth -sheltered construction as defined <br />in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78; this <br />condition is not applicable; and <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; the existing and proposed use of the Property is <br />residential; and <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; and <br />B8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property; the existing house is conforming, located 53.2 <br />feet from the front property line. The proposed improvements are intended to solve a <br />drainage issue specific to water entering the foundation near the front of the house; and <br />B9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located; the conditions are not known to apply to other structures or land in the <br />district; and <br />B10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant; granting the variance is necessary to allow for a <br />reasonable expansion of the house to reduce the impacts of stormwater on the basement. <br />The siting of the house does not allow substantial flexibility for the applicant to make <br />improvements that would allow for the preservation and enjoyment of a substantial property <br />right; and <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; the proposed variance <br />should not impact the health, safety, comfort, or morals of other landowners and residents; <br />and <br />B12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty; granting of the requested variance would <br />alleviate a difficulty due to the existing house location and recurring stormwater issues <br />affecting the house. <br />303 <br />