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04�ONO CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y <br /> r, No. 7588 <br /> kEStiO - <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 improvements are allowed in the <br /> Lr-1 B 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 proximity of the building within the <br /> setbacks is an existing condition that is unique to 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." The location and existence of the nonconforming accessory building is an <br /> existing condition unique to a small number of properties in the City, but could be applied <br /> to other lakeshore properties with lake yard accessory buildings and boathouses. <br /> B10."The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." The Owners'substantial property right is <br /> provided by the principal structure. The nonconforming building is allowed to be <br /> maintained and replaced in-kind. Expansion of an existing non-conforming building is not <br /> a right; however, the building will be expanded only to comply with floodplain minimum <br /> low-floor regulations. <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." Granting the <br /> requested variances will not adversely impact health, safety, comfort, or morals. <br /> B12."The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty." The Applicant asserts that the variances <br /> are necessary to modestly increase functionality, and for safety and regulatory <br /> compliance, and will not merely serve as a convenience to the Owners. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby grants the <br /> following variances to support reconstruction of a legally nonconforming accessory building: <br /> 4 <br />