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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. 7499 <br /> <br /> <br />3 <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. A number of the difficult characteristics of the Property were not <br />created by the owners, depth and narrowness of the lot, shared driveway access to <br />the busy roadway, and the steep topography; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality. The <br />minimal hardcover variance is requested to provide better maneuverability on the <br />driveway and will not alter the essential character. <br /> <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This <br />condition is not applicable. <br /> <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 in the <br />LR-1C District. <br /> <br />B7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />two-family dwelling.” This condition is not applicable. <br /> <br />B8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The sloped topography, lot width and depth, and <br />shared driveway situation are particular to the Property. <br /> <br />B9. “The conditions do not apply generally to other land or structures in the district in which the land <br />is located.” The street serving the property is at a substantially higher elevation than the <br />home. The slope conditions and orientation of the access to the busy roadway do not <br />necessarily apply to the properties in the LR-1C district. <br /> <br />B10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” The owners indicate that granting the hardcover <br />variance is necessary for safe egress from the property which preserves their property <br />rights. <br /> <br />B11. “The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter.” Granting the <br />87