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§ 10.08 <br />2. The plight of the landowner is due to <br />circumstances unique to his property not created by the landowner. <br />3. The variance, if granted, will not alter <br />the essential character of the locality. <br />4. Economic considerations alone shall not <br />constitute an undue hardship if reasonable use for the property <br />exists under the terms of this Chapter. <br />5. Undue hardship also includes, but is not <br />limited to, inadequate access to direct sunlight for solar energy <br />systems. Variances shall be granted for earth sheltered <br />construction as defined in Minnesota Statutes, Section 116J.06, <br />Subd. 2, when in harmony with this Chapter. <br />6. The Board of Appeals and Adjustments or the <br />Council may not permit as a variance any use that is not permitted <br />under this Chapter for property in the zone whore the affected <br />person's land is located. <br />7. The Board or Council may permit as a <br />variance the temporary use of a one-family dwelling as a two-family <br />dwelling. <br />B. The Board or Council may impose conditions in <br />granting of variances to insure compliance with this Chapter and to <br />protect adjacent properties. No variance shall be granted or <br />changed beyond the use permitted in this Chapter in the district <br />where such land is located. <br />Source: City Code <br />Effective Date: 4-1-84 <br />Subd. 4. Variances in Border Areas. The Zoning Chapter <br />seeks to regulate land use throughout Orono so that the location of <br />the various zones will be compatible to each other and to existing <br />uses and regulations. Where property in the City adjoins property <br />in another municipality whicli is subject to regulations <br />substantially different from those applying to the City property, <br />so as to make strict enforcement of all the City regulations as to <br />such property unreasonable, the Council may take into account the <br />location of the property and the regulations of the adjoining <br />municipality in considering application for variances hereunder. <br />Source: Ordinance No. 172 <br />Effective Date: 1-1-75 <br />Subd. 5. Variances: Denial. Variances may be denied by <br />motion of the Council and such motion shall constitute a finding <br />and determination that the conditions required for approval do not <br />exist. No application for a variance which has been denied wholly <br />ORONO CC 266 (4-1-84) <br />•5