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defined in Minn. Stat.§ 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. B6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a single family residence is an allowed use in the RR.-JB District. B7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This condition is not applicable. B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The condition of lakeshore lots being subject to the average setback regulations is common to all lakeshore lots; the location of the neighboring residence structure very distant from the lakeshore is an unusual condition affecting few other lots in the neighborhood. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The standards applicable to this property apply to all other lakeshore property in the neighborhood; the existing location of the neighboring residence structure makes it impossible to expand the applicants' residence while meeting the conditions imposed by the City ordinance. BIO. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The property rights of the owner will be diminished if the variance is denied, since expansion of the residence meeting all other City code provisions could not occur. B 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting of the variance would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. Bl2. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variances will resolve and alleviate a demonstrated practical difficulty, CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279(6) in order to allow the Applicants to remodel and construct additions to their existing residence, such additions being lakeward of Page 4 of6