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�ONp CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 719 ,E <br /> � G <br /> -ikESHOv-t <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 a residential garage is an allowed use within <br /> the LR-1C zoning 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, width, and <br /> unique configuration creates difficulties which also apply to many of the properties in the <br /> same neighborhood. The proposed setback and hardcover level are not out of character. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The Property's substandard size, width, in addition to the unique <br /> configuration creates difficulties which apply to very few properties in the City. The <br /> neighboring properties have similar challenges. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." The local climate conditions support the need <br /> for a residential garage. The proposed size of the garage is minimal. Granting of the <br /> setback and hardcover variances are necessary for the preservation of the property right <br /> of the applicant. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting the <br /> variances for hardcover and setback in this situation is not contrary to the intent of the <br /> zoning chapter. <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 variances for setback and hardcover <br /> are necessary, and do not merely serve as a convenience to the Applicant. <br /> 4 <br />