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CITY OF ORONO RESOLUTION Ur THE CITY COUNCIL No. 7392 The construction of a new single-family home is a reasonable use of the property. The proposed home requires a minimal rear yard setback variance in order to fit the constraints of the substandard lot. This criterion is met. b. The plight of the landowner is dare to circurnstances unique to his property not created by the landowner. The topography and the location of an existing storm drain limits the placement of the new home and are not the result of the current property owner's actions. This criterion is met. c. The variance, if granted, will not alter the essential character• of the locality. " The proposed variances resulting in the construction of asingle-family home will not alter the character of the area. The proposed home will be in a similar location to that of the existing home and will meet all other zoning requirements other than the rear yard setback. 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. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not per7nitted under Orono City Code Chapter 78 for properly in the zone where the affected person's land is located." This condition is not applicable, as a residential use is a permitted use in the LR-IA District. 7. "The board or council. may permit as a variance the temporary use of aone-family dwelling as a two- family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The substandard lot size, substandard width, topography, and existing site elements are unique conditions to this specific property. This criterion is met. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." While the surrounding properties are similar in size, the topography and location of the existing elements on the property are unique to the subject property. This criterion is met. 3