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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. 7515 <br /> <br /> <br />4 <br /> <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 /> <br />B8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The 2-acre district setbacks applied to the <br />small property eliminate all buildable areas. Some of the properties in the <br />immediate neighborhood have the same setback burden. <br /> <br />B9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The Property’s challenge of the substandard lot size within the 2- <br />acre zoning district is shared by the immediate neighborhood, however, is <br />relatively unique within the RR-1B zoning 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.” There is no legal buildable area on the <br />Property. Without variances the Property is unbuildable. The absence of a garage <br />or covered parking area is a difficulty, particularly during the harsh Minnesota <br />winters. The variances are necessary to preserve the Applicant’s preservation and <br />enjoyment of the Property. <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 of the <br />requested variances would not impair health, safety, comfort or morals and would be <br />in keeping with the intent of the zoning code. <br /> <br />B12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” The variances are necessary and are <br />not merely for convenience. The Property is unbuildable without variances. <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants the <br />following variances from Orono Municipal Zoning Code Section 78-420: <br />• A front yard setback for a new, expanded stoop 22 feet from the front where 50 feet is <br />required; <br />• A 5-foot rear yard setback for the garage where a 15-foot setback is required; <br />• A variance to allow the garage to be set 23.8 feet from the side street where a 50-foot <br />setback is required; <br />• A variance for the garage to be 5 feet from the side yard lot line where a 10-foot setback <br />is permitted; and <br /> <br />109