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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. b788 <br />The owner proposes to install Improvements which are residential in nature and <br />reasonable from a residential scope. <br />b. The plight of the landowneris due to circumstances unique to his property not created <br />by the landowner. <br />The owner has proposed a solution which will protect against failure of the slope. <br />The existing slope of the lake yard was not a result of actions by the owner; and <br />c. The variance, if granted, will not alter the essential character of the locality. " <br />The variance to permit structure within the 75 -foot setback will help to maintain <br />the existing slope and character of the locality. <br />4. "Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been a factor in the variance approval determination. <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth -sheltered construction as defined <br />in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This <br />condition 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." This condition is not applicable, as the use for retaining walls accessory to single <br />family dwelling are an allowed use in the LR -1C District. <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." This condition 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." The slope of the property combined with the <br />pre-existing improvements is a unique condition to the subject property. <br />9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The subject property's specific slope is beginning to erode and stairs have <br />become unsafe creating conditions which do not apply to adjacent properties. <br />10. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." Granting a lake setback variance to allow the <br />