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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 />3 <br /> <br /> <br />The applicant states the section of Ferndale is busy and acts like a county road <br />and so, should follow the city code exception to allow for a 6 foot fence. <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />A fence should not alter the character of the area. <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 the use for a fence is an allowed accessory <br />use in the LR-1A 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 is bisected by a road the serves <br />downtown Wayzata. Due to the unique shape and configuration of the lot, the home is <br />located near this road, creating the need for separation and privacy. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The applicant finds this to be true due to the position of the home to <br />the right of way creating the need separation. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” The applicant has stated this to be true, the <br />City concurs. <br />