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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. 7289 <br /> <br /> <br />3 <br /> <br />The variance requested in order to permit construction of a monument sign will not <br />alter the character of the area within a commercial district. The proposed placement <br />of the sign abutting the road right-of-way is out of character and may pose a safety <br />hazard for vehicular traffic. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <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 /> <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 monument sign is an allowed accessory structure <br />in the B-2 District. <br /> <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 /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” Staff finds that the location of the existing <br />building is peculiar but a reasonable building envelope is available for placement of the <br />monument sign in a conforming location. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The location of the existing building and substandard street yard does not <br />apply to other properties in the district. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” The new monument sign would be located in the <br />5’ property line setback. The applicant states the existing location of the business and the <br />curve of the right of way creates practical difficulty for the owner in allowing a monument <br />sign. Staff finds the use and enjoyment of the property is currently being met with the <br />existing business and a monument sign is and accessory structure not necessary for the use of <br />the property. <br /> <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.” The applicant states