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tO,p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL sem ' NO. 68 5 1 The owner has proposed a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner and c. The variance, if granted, will not alter the essential character of the locality." The variance to permit structure within the 75-foot setback will help to maintain the existing slope and character of the area. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 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. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78."This condition 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." This condition is not applicable, as the use for a single family home with stairs for lake access is an allowed use in the LR-1B District. 7. "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. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The slope of the property combined with the pre-existing improvements is a unique condition to the subject property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The subject property's specific slope is beginning to erode and stairs have become unsafe,creating conditions which do not apply to adjacent properties. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 11. "The granting of the proposed variance 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 the 3