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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7607 <br />existing improvements. The average lakeshore setback encroachment will not <br />impact views enjoyed by the neighboring property. This criterion is met. <br />B4. "Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been a factor in the variance approval determination. <br />B5. "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 />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 improvements to a single-family home are an <br />allowed use in the LR-1A 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 existing conditions of the Property, <br />including the substandard size, existing location of improvements, and their proximity to <br />the lake and wetland edge, topography, and vegetation, are unique conditions to this <br />Property. This criterion is met. <br />B9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The existing home is in a nonconforming location. The proposal is to <br />construct decks in a similar location and maintain similar setbacks. This criterion is met. <br />B10."The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." The setbacks impacting the Property overlap, <br />eliminating any buildable area. The existing home is in a nonconforming location. The <br />proposal is to construct replacement lakeside decks in a similar location and with similar <br />setbacks. This criterion is met. <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 of the <br />community. This criterion is met. <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 variances allow for the construction <br />4 <br />122 <br />