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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />y NO. 71 86 <br />4kESHOV't <br />manner with the construction of a single family home. There is limited space to <br />construct a conforming building on the site. <br />b. There are circumstances unique to the property not created by the landowner; The plight <br />of the property owner is due to the existing substandard lot area and width, and <br />c. The variance will not alter the essential character of the locality. The character of the <br />neighborhood is not likely to be significantly altered by construction of the residence. <br />4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br />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 for <br />solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition <br />is not applicable. <br />6. The board or the council may not permit as a variance any use that is not permitted under Orono <br />City Code Chapter 78 for property in the zone where the affected person's land is located. This <br />condition is not applicable,as a single family home is an allowed use in the RR-1A District. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />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 property <br />or immediately adjoining property.The size and width of the lot within the RR-1A zoning district <br />is unique,and supports approval of the requested lot width, lot area and setback variances. <br />9. The conditions do not apply generally to other land or structures in the district in which the land <br />is located.The size of the lot is unique within the existing 5-acre zoning district. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant.The applicant stated this is true. <br />11. The granting of the proposed variance will not in any way impair health,safety,comfort or morals, <br />or in any other respect be contrary to the intent of this chapter. Granting of the requested <br />variances would not impair health,safety,comfort or morals and would be in keeping with the <br />intent of the zoning code, <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty.The applicant has stated the narrow lot results in <br />setback challenges for construction of a single family home. The property is unique in size for <br />this zoning district. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Sections 78-395 and 78-72 to allow variance for a new <br />home, subject to the following conditions: <br />3