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FILE#LA19-000057 <br /> 19 Aug 19 <br /> Page 4 of 6 <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <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 <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 /> 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 golf course is an allowed use in the RR-1B <br /> 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 existing golf course use and <br /> improvements, the proximity to adjacent residential, as well as the Luce Line Trail are <br /> unique to this property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The existing golf course use and improvements, the proximity to <br /> adjacent residential, as well as the Luce Line Trail are unique to this property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The variances are necessary for the <br /> improvement of outmoded and failing buildings and facilities supporting the permitted <br /> golf course use. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals,or in any other respect be contrary to the intent of this chapter.The use of the <br /> property, and proposed improvements are not intended to adversely impact health, <br /> safety, comfort,and morals. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The existing facilities, which were built <br /> in 1956, are deteriorating beyond the point of functioning for the golf course.The new <br /> facilities are necessary. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Applicable Regulation: Conditional Use Permit(Section 78-916) <br /> The Planning Commission may recommend and the Council may grant a Conditional Use <br /> Permit (CUP) as the use permit was applied for or in modified form. On the basis of the <br /> application and the evidence submitted,the city must find that the proposed use at the <br /> proposed location is or will be: <br /> 1) Consistent with the community management plan; A golf course is a permitted use <br /> in the RR-1B zoning district and is consistent with the community management <br /> plan. <br />