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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 71 72 <br /> 41 ESHOv-`" <br /> The substandard lot size and location of the home are existing conditions. <br /> Therefore there is no available land with which to make the Property more <br /> conforming. The limited yard/open space availability is a condition not created by <br /> the owners. There should be consideration for variance approval for a minimal <br /> railing encroachment within the setbacks above the existing building. The house <br /> addition and renovation have been designed with an effort toward working within <br /> the existing building and required setbacks without sacrificing functionality; and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The variances are requested in order to permit the creation of additional outdoor <br /> space with minimal impact to massing or additional encroachments into setbacks, <br /> which is reasonable. The project should not alter the character of the <br /> neighborhood. <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 improvements to a residential home are <br /> allowed in the LR-1C 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 Property's substandard size, depth, and <br /> unique configuration creates difficulties which do not apply to many of the properties in the <br /> same neighborhood. Prior to the renovation, the existing non-residential-looking building <br /> was out of character with the neighborhood. The current renovation and the proposed <br /> railing encroachments will make the building appear more residential in character. <br /> 3 <br />