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402.isvc CITY OF ORONO RESOLUTION OF THE CITY COUNCIL sem - NO. 6852 4kFSHOQ`�C 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The property owner is proposing to use the property in a reasonable manner by replacing the existing residence with a new home which has less hardcover then existing and the new home will be moved farther from the lake compared to the existing home meeting the average lakeshore setback; the size and width of the lot is below the minimum lot size standards of the Zoning Code. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The plight of the property owner is due to the existing substandard lot size and shape, and its proximity to the lake. And c. The variance, if granted, will not alter the essential character of the locality." The character of the neighborhood is not likely to be significantly altered from replacement of the residence which is consistent in character and size with the surrounding homes. 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 is an allowed use in the LR-1C 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 size and grading of the lot as well as its orientation along the curve of the lake and Casco Point Road creates a unique circumstance which is peculiar to the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The size and grading of the lot as well as its orientation along the curve of the lake and Casco Point Road creates a unique circumstance which is peculiar to the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this condition to be true. 3