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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. 7383 <br /> <br /> <br />3 <br /> <br />B2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variances supporting a new single-family residence in a <br />residential zone are consistent with the Comprehensive Plan. <br /> <br />B3. “Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in <br />connection with the granting of a variance, means that: <br /> <br />a. The property owner in question proposes to use the property in a reasonable <br />manner, however, the proposed use is not permitted by the official controls. The <br />Applicants are proposing to use the Property in a reasonable manner with the <br />construction of a single-family home. There is no conforming space to construct <br />a reasonably sized conforming home on the site. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The Applicants did not create the difficulties on the <br />Property; <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” The <br />proposed development will not adversely impact the character of the <br />neighborhood. <br /> <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />B5. “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 />B6. “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 a residential home is an allowed use in the <br />LR-1A District. <br /> <br />B7. “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 />B8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The proximity to and impact of Stubbs Bay <br />Creek on the Property is unique to the Property.