Resolution 7499 variance driveway

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,ZO.4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �110E::.(1.' NO. 7499 .kESHO¢� b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. A number of the difficult characteristics of the Property were not created by the owners, depth and narrowness of the lot, shared driveway access to the busy roadway, and the steep topography; and c. The variance, if granted, will not alter the essential character of the locality. The minimal hardcover variance is requested to provide better maneuverability on the driveway and will not alter the essential character. B4."Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5."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. B6."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 driveway is an allowed use in the LR-1C District. B7."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. B8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The sloped topography, lot width and depth, and shared driveway situation are particular to the Property. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The street serving the property is at a substantially higher elevation than the home. The slope conditions and orientation of the access to the busy roadway do not necessarily apply to the properties in the LR-1 C district. • B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The owners indicate that granting the hardcover variance is necessary for safe egress from the property which preserves their property rights. B11."The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the 3