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-vL01V CITY NO. 7 OF382 <br /> ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> t G�kES HO4g(' <br /> c. The variance, if granted, will not alter the essential character of the locality." The <br /> home addition with a 46-foot setback from the Brown Road property line will be <br /> screened by existing vegetation. The project will not alter the character of the area. <br /> B4."Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval determination. <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 /> 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 residential building improvements are <br /> allowed in the RR-1 B District. <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 /> B8."The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property." The Property's substandard size and buildable <br /> area, wetland impacts, septic system location, and existing conditions create difficulties <br /> which are particular to the Property. The proposed setback is not out of character. <br /> B9."The conditions do not apply generally to other land or structures in the district in which the <br /> land is located."While many of the adjacent properties on Fox Run Road are similarly <br /> sized, the Property's substandard buildable area, wetland impacts, orientation as a corner <br /> lot, septic system location, and existing conditions create difficulties which are particular <br /> to the Property. <br /> B10."The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Staff finds that granting the requested variance <br /> preserves a substantial property right of the homeowners. <br /> B11."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." Staff finds this <br /> criterion is met. <br /> 3 <br />