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Op CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 11L- � A. �<q OIL" 2. NO. 7370 KESHO 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan."The variances resulting in the construction of a new accessory building in a residential zone are consistent with the Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the land supporting their requests.The proposed project will also reduce the overall hardcover on the site which is consistent with the goals and intent of the Comprehensive Plan. This criterion is met. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance,means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. Constructing a new accessory building to be used as a detached garage is a reasonable use of the property. The current garage is nonconforming and is served by a steep driveway. The new property owners would like demolish the existing garage and construct a new garage closer to the street while reducing the overall hardcover on the site. The proximity of the garage to the rear property line and the width of the driveway do not meet code requirements.The applicant has demonstrated practical difficulties in the steep topography, substandard lot size and placement of existing improvements on the lot. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The topographical challenges unique to the property were not created by the landowner; and c. The variance, if granted, will not alter the essential character of the locality." The proposed variances will allow the construction of a new detached garage near the street. Many neighboring homes have garages along the street and some neighboring properties have garages with garage doors facing the road. The proposed placement of the detached garage will not alter the character of the locality. This criterion is met. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 3