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RESOLUTION OF THE CITY COUNCIL <br />NO, <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The nonconforming location of the existing home which was not created by the <br />Owner. <br />c. The variance, if granted, will not alter the essential character of the locality. " <br />Granting the requested setback variances to allow the Improvements to encroach <br />as close as 75 feet to the OHWL, lakeward of the average lakeshore setback and <br />lake setback, should not alter the essential character of the locality due to the size <br />of the Property and orientation of the neighboring homes. However, the hardcover <br />proposed within the 0 to 75 -foot setback would alter the character of the locality of <br />French Lake. <br />4. "Economic considerations alone do not constitute practical difficulties." <br />The Owner has not requested consideration based on economic criteria. <br />5. "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." <br />This criteria is not applicable. <br />6. "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." <br />The use is permitted; this criteria is not applicable. <br />7 "The board or council may permit as a variance the temporary use of a one -family dwelling <br />as a two-family dwelling." <br />This criteria is not applicable. <br />8. "The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." <br />The existing home was constructed prior to the adoption of the ShoreJand Overlay District <br />Regulations which established the Natural Environment structural setback of 150 -feet for <br />French Lake. At the time of the home's construction, a structure was permitted to be <br />