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CITY OF ORON RESOLUTION OF THE CITY COUNCIL NO 66x2 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216CA6, subd. 2, when in harmony with Orono City Code Chapter 78." This criteria is not applicable. 6. "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." The use is permitted; this criteria is not applicable. 7 "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criteria is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The size and shape of the Property is similar to a number of the immediate properties along Shoreline Drive within the LR -1A district. The properties in the Fox Hill neighborhood, also within the LR -1A district, are smaller in area. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property has street frontage on three sides; this is unique to the Property within the immediate neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting lot area and lot width variances are necessary for the development of the Property and preservation of a property right of the Applicants. The Applicants have indicated that granting the side street setback variance is necessary to allow a reasonable home width and to maintain conformity with the setbacks of the other homes in the neighborhood. 4