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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. 7392 <br /> <br />3 <br /> <br />The construction of a new single-family home is a reasonable use of the property. The <br />proposed home requires a minimal rear yard setback variance in order to fit the constraints <br />of the substandard lot. This criterion is met. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br /> <br />The topography and the location of an existing storm drain limits the placement of the new <br />home and are not the result of the current property owner’s actions. This criterion is met. <br /> <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The proposed variances resulting in the construction of a single-family home will not alter <br />the character of the area. The proposed home will be in a similar location to that of the <br />existing home and will meet all other zoning requirements other than the rear yard setback. <br />This criterion is met. <br /> <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations <br />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 for solar <br />energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br />216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not <br />applicable. <br /> <br />6. “The board or the council may not permit as a variance any use that is not permitted under Orono City <br />Code Chapter 78 for property in the zone where the affected person's land is located.” This condition <br />is not applicable, as a residential use is a permitted use in the LR-1A District. <br /> <br />7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br />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 property or <br />immediately adjoining property.” The substandard lot size, substandard width, topography, and <br />existing site elements are unique conditions to this specific property. This criterion is met. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the land is <br />located.” While the surrounding properties are similar in size, the topography and location of the <br />existing elements on the property are unique to the subject property. This criterion is met.