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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7666 <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner; the Property is heavily impacted by wetlands and the <br />floodplain. Most homes located near this wetland are located closer to Brown Road <br />South than the ordinary high-water level (OHWL). Property sizes in this area tend to <br />be larger, where viewsheds can be better preserved; and <br />c. The variance, if granted, will not alter the essential character of the locality; a <br />variance will allow for a new home to be consistent with and contribute to the <br />residential character of the area. <br />B4. Economic considerations alone do not constitute practical difficulties; economic <br />considerations do not impact the finding of practical difficulties with the Property; and <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; 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; many properties in the area abut Long Lake <br />Creek, yet contain the OHWL of Lake Minnetonka, making them subject to the shoreland <br />overlay district standards. The average lakeshore setback is inconsistent in this area as the <br />OHWL does not impact all properties, such as the Property's immediate neighbor, 920 <br />Brown Road South. Given the size of the Property, sightlines over the OHWL will not be <br />impacted; 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 impacts of the OHWL and the shoreland overlay district vary from <br />property to property. The Property is significantly more encumbered than its neighbors due <br />to its size and orientation. The application of the average lakeshore setback in this area <br />does not protect sightlines and instead places a difficulty on property owners already <br />impacted by wetlands and the floodplain; and <br />53 <br />