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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 752 L ii. The plight of the landowner is due to circumstances unique to his property not created by the landowner." iii. The variance, if granted, will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner by replacing the existing residence with a new residence of similar footprint, but the size of the lot is below the minimum lot size standards of the Zoning Code. The plight of the property owner is due to the existing substandard lot size and shape, and its proximity to the lake. The lot is almost entirely within 75 feet of the OHWL of Lake Minnetonka where no structure or hardcover is normally allowed The existing home was constructed in 1971 and the existing attached garage added in 1982 pursuant to variances granted by the city. Replacement of the home other than exactly `in-kind' requires that new variances be granted. All of these are circumstances that were not created by the property owner. The character of the neighborhood is not likely to be significantly altered from replacement of the residence in essentially the same location as the existing home. The two adjacent homes to the immediate south are on similarly situated lots very near the lake and are each two stories in height. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. The design of the proposed home is related to the desire for additional living spaces, and the need to solve an existing water problem due to the adjacent grades. B5. "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. § 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 LR -1 C 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 having a lot that is mostly within the 0-75' lakeshore setback zone is unique to this and the two adjacent properties to the south which each have homes located on a narrow sliver of land between the street and the lake. The vast majority of developed properties within the LR -IC district do not have this condition. Page 4 of 6