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�Ot�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A NO. 7232 l�kfs1-10 3. The Property contains 5.85 acres in area and has a defined lot width of 200 feet. 4. Structural Building Coverage and Hardcover limitations do not apply due to the property's location in the exempt tier, and being over 2 acres. 5. Applicant has applied for the following variance[s]: a. Side yard setback 23 feet where 30 feet is required b. Building height, 36 feet, where 30 feet is permitted 6. In considering this application for variance, the Council has considered the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the ordinance is to reduce massing with principal structures too close together,and to regulate massing with tall buildings. Neither of these goals will be challenged with the variance. The north property line is a boundary with undeveloped MnDOT property, adjacent to a drop off for Hwy 12 and a rail corridor. The building height as defined reflects the drop off of slope toward the west end of the building. From the street,the building will appear conforming. 2. The variance is consistent with the comprehensive plan. The use of the property is a permitted use in the RR-1B zoning district. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; In the site design,the goal was to shift the building as far away from neighboring residential parcels. To maximize the southern setback,the northern setback was reduced. The building height is necessary for the internal workings of the building(large truck lifts,storage) and due to the substantial slope of the lot from east to west. b. There are circumstances unique to the property not created by the landowner; The unique design of the lot,both from its long narrow shape and slope of the lot are unique to the property and not created by the landowner and c. The variance will not alter the essential character of the locality. The height variance and the setback will not be discernible to the general neighborhood. Most of the work on the site will occur in the west and north sides. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 2