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CITY OF ORONO RESOLUTION OF THECITY COUNCIL NO. 6 7 "/ 2 replacing existing very similar encroachments, no impact to the character of the neighborhood will result. B4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The average setback encroachments are a factor unique to this property because of the unusually large lake setback of the neighboring property to the west. B5. 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 property in the neighborhood; however, the conditions which require the variance are unique to his property. B6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has a right to maintain the existing amenities involved, but they have deteriorated to a point where they need to be replaced. Proposed replacement will actually result in condensing the footprint of the encroachments. B7. The granting of the proposed variances 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 area and width variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. B8. The granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting of the average setback variance will alleviate a practical difficulty by allowing the property owner to replace existing deteriorated amenities with new very similar amenities making for a safer situation. Bg. Economic considerations alone do not constitute practical difficulties. The Applicant has not requested consideration based on economic reasons. B10. 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 criterion is not applicable. 1311. 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 criterion is not applicable. B12. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This criterion is not applicable. CONDITIONAL USE PERMIT ANALYSIS On the basis of the application and the evidence submitted, the City Council finds that the proposed use at the proposed location is or will be: 4