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Az.O. <br />O <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />ti G4- NO. 7473 <br />EsHO f" <br />request to increase the driveway width by 4 feet within the 75-foot creek setback <br />to improve the safety of the driveway is reasonable as minimal access is <br />required. This criterion has been met. <br />a. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The unique configuration of the property and the <br />building site were not created by the landowner. However, the topographic <br />access challenges and difficulty resulting from the narrowness of the allowed 8- <br />foot wide driveway were not a known condition nor were the conditions created <br />by the property owner; and <br />b. The variance, if granted, will not alter the essential character of the locality." The <br />requested variance will not impact the local character of the neighborhood. <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 a residential driveway is an allowed use and <br />is permitted. <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 unique setbacks resulting from the <br />wetland, wetland buffers, and 150-foot setback of the creek create extreme difficulties <br />that do not apply to the other properties in the same neighborhood. The creek's impact on <br />the access to the property is unique to the property. <br />B9."The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The protected tributary/creek impacting the access to the property is <br />unique to the property. <br />3