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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7103 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 an addition to a home is an allowed use in the RRA B 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 setback requirements, the size and shape of the property is similar to the other properties in the neighborhood within the RRA B district. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The existing home is nonconforming as it currently sites within the front and north side required yard. The property also is served by septic with has infrastructure location to the south of the home and the overall property is substandard in area creating a smaller building envelope for the parcel making creating unique challenges for the property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The proposed addition for a garage is necessary to permit the property owners continued enjoyment of their property. The addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts being on the rear of the home. 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." The proposed project will not impair the health, safety, comfort, or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variance will resolve and alleviate a demonstrated practical difficulty. CONCLUSIONS ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow as addition to the home within the side yard setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey with revisions dated April 20, 2020 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A.