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��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��q �.�'�� NO. � 7 � 2 kESH�� c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered by the granting of the average setback variances. The large lot sizes, established setbacks between homes, and anticipated house locations based on individual site factors will tend to create the desired neighborhood character rather than alter it B4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Economic considerations have not been a factor in the variance approval determination.The proposed home locations are related to individual site factors and not to economic factors. 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. Tlus condition is not applicable,as the use for single family homes is an allowed use in the RR-1B 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. City Code 78-123 provides additional parameters within which a variance may be granted as follows: B8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The average lakeshore setback ordinance is applicable for all existing lakeshore lots in Orono. However,new lakeshore subdivisions that create multiple single family lots are not common in Orono, as a majority of the City's lakeshore has long been developed. Strict application of the ordinance, which reGes on the locations of existing homes in relation to new proposed homes, has the potential to be inconsistent and result in unintended outcomes due to the timing of construction on adjacent lots. 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 these Lots apply to all other lakeshore property in the RR-1B District. However, when strictly applied to new lakeshore subdivisions, the ordinance can result in inappropriate home locations which can be avoided by the granting of variances when specific conditions are included. B 10. T'he granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting of the average lakeshore setback variances with conditions will result in appropriately located homes so that the intent of the ordinance, preservation of lake views enjoyed by adjacent lots,is preserved.