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icL.OAO CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> tiF L� NO. 7670 <br /> t-1kESHO3-- <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> Granting the requested variances would undermine the purpose of setback <br /> requirements, which include protection of neighboring properties, preservation of <br /> light and air, stormwater management, and maintenance of neighborhood <br /> character. <br /> B4."Economic considerations alone do not constitute practical difficulties."The Applicant has <br /> not cited economic considerations in support of the request. <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 criterion 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."The requested relief pertains to structural encroachments (patio, landing, <br /> retaining walls) within the required setback and shoreland areas. A variance may <br /> authorize deviation from dimensional standards but may not authorize a use otherwise <br /> prohibited in the zoning district. To the extent the improvements constitute structural <br /> encroachments rather than a change in land use, this criterion does not independently <br /> support approval. Because the Applicant has not provided sufficient documentation <br /> demonstrating full conformity with permitted use provisions, the City cannot make an <br /> affirmative finding under this criterion. <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."The request does not involve such a request. Accordingly, this <br /> provision does not apply to the request before the Council and provides no independent <br /> basis for approval of the requested variances. <br /> B8."The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property."The Applicant has not demonstrated that <br /> special conditions peculiar to the Property necessitate the requested setback <br /> encroachments. No topographic survey, grading plan, or engineering documentation has <br /> been submitted to establish unique physical constraints such as extreme slopes, irregular <br /> lot configuration, or other site-specific limitations. The record instead reflects that the <br /> improvements were constructed without prior approval and located within setback areas <br /> by choice. Self-created circumstances do not constitute special conditions peculiar to the <br /> land. Therefore, this criterion is not satisfied. <br /> 4 <br />