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SON CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />y NO. 7465 <br />l'lkESH040 <br />3. "Variances may be granted when the applicant for the variance establishes that there are practical <br />difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with <br />the granting of a variance,means that: <br />a. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br />The construction of a new single-family is a reasonable use of the property. The proposal <br />will utilize the existing nonconforming detached garage as part of the design and therefore <br />requires front and side yard setback variances. This criterion is met. <br />b. The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br />The existing house was not built by the current owners. The lot is substandard in area and <br />width. The applicant is proposing to maintain the same front and side yard setback and <br />meet all other required zoning regulations. The small lot size, substandard width, and <br />existing improvements are not the result of the current property owner's actions; and <br />c. The variance, ifgranted, will not alter the essential character of the locality." <br />The proposed variances resulting in the construction of a new home are supported by <br />practical difficulties and will not alter the character of the area.The new home will maintain <br />existing setbacks and update the site with a new modern home design.This criterion is met. <br />4. "Economic considerations alone do not constitute practical difficulties." Economic considerations <br />have not been a factor in the variance approval determination. <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 />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 home is a permitted use in the LR-1C District. <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 />3