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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <br />ANALYSIS: <br /> <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />applicant is proposing to establish a driveway easement which will serve an <br />existing lot of record. The lot area variance is in harmony with the intent of the <br />ordinance considering the use of the lot. <br />2. The variance is consistent with the comprehensive plan. Allowing for access to a lot <br />and creation of driveways easements are consistent with the comprehensive plan. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; The use of the lot for single family home will <br />not change. This standard is met. <br />b. There are circumstances unique to the property not created by the landowner; The <br />plight of the property owner is due to the existing nonconforming lot of <br />record, which is not created by the land owner, and <br />c. The variance will not alter the essential character of the locality. The character of <br />the neighborhood is not likely to be significantly altered from allowing the <br />lot area variance. <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 single family home is an allowed use in <br />the LR-1A 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 size of the lot with in the LR-1A zoning <br />district is unique and substandard. The actual lot size will not change but per the <br />definition of lot area from the City Code driveway easement must be not count <br />towards overall lot area. This situation is peculiar to this property. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The size of the lot and its locations as it pertains to the existing <br />neighbor lot and within this zoning district is peculiar to the property.