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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7618 <br />creating a practical difficulty for the Owner as it is now within the average lakeshore <br />setback defined by the newer homes; and <br />c. The variance, if granted, will not alter the essential character of the locality; the <br />proposed home addition would not impact the neighbors' views of the lake <br />whatsoever, nor substantially encroach into the lakeshore setback, and will fit the <br />character of the area. <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; 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 addition is proposed in a portion of the house <br />where the townhomes to the south will not see it, and where existing portions of the house <br />will screen the addition from the northern property, not impacting their views of the lake; and <br />B9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located; based on the timing of development in the area, the adjacent residence to <br />the north was constructed to meet the average lakeshore setback, but created a new average <br />lakeshore setback line bisecting the Owner's home; 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 preserve <br />the Owner's right to improve their home, especially as the lake views from neighboring will <br />not be impacted by the home addition that is approximately 290 feet from the lakeshore; <br />and <br />1311. 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 a variance <br />63 <br />