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OAp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL At,I I ,,N.,I� �� No. 7404 <-"EsHO 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance,means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The expansion of the deck and patio within the bluff impact zone is supported by practical difficulties and therefore is a reasonable use of the property. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot size, width, topography, and existing improvements have not been created by the current homeowner; and c. The variance, if granted, will not alter the essential character of the locality." The project would not impact the essential character of the locality. The proposal is to expand a deck away from the bluff and to remove illegal hardcover within the bluff. 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 permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable,as a residential home is a permitted use in the LR-1B District. 7. "The board or council may permit as a variance the temporary use of a one-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 special conditions of the property include the substandard lot size,substandard lot width,topography,and location of existing structures. This criterion is met. 3