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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />Page 3 of 8 <br /> <br />3. “Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in <br />connection with the granting of a variance, means that: <br />a. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br /> <br />The request to permit construction of building within the side yard setback does <br />not appear to be reasonable as there is adequate space within the property at a <br />conforming setback to construct the garage. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The Owner can legally replace the existing nonconforming garage at the existing <br />setback and footprint. The Owner’s desire to have a better view of the principal <br />building from the street is a condition created by the landowner; <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The setback variance resulting from the mass of a larger, detached garage with a <br />4.3 foot setback may adversely alter the character of the locality. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br />78.” This condition is not applicable. <br /> <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 a detached garage is an allowed improvement <br />in the LR-1B District. <br /> <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 /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The Property’s substandard size and <br />orientation with respect to the lakeshore, and the setback from the lake of the adjacent