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gOt�O CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� NO. 7533 <br /> G <br /> `4kESHos" <br /> home in a similar location on this nonconforming lot are consistent with the <br /> comprehensive plan. <br /> B3."Variances may be granted when the applicant for the variance establishes that there are <br /> practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in <br /> connection with the granting of a variance, means that: <br /> a. The property owner in question proposes to use the property in a reasonable <br /> manner, however, the proposed use is not permitted by the official controls. The <br /> request to permit the construction of a new residence on the existing foundation <br /> on the substandard lot with a reduction in nonconforming hardcover is <br /> reasonable. <br /> b. The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. The substandard lot size is an existing condition and <br /> there is no available land with which to make the property more conforming. The <br /> restricted rear yard and substandard lot size and shape are challenges not <br /> created by the owners. There should be consideration for variances for the <br /> property which is substandard in area and setback requirements. The project has <br /> been designed with an effort toward limiting new encroachments and hardcover <br /> without sacrificing functionality; and <br /> c. The variance, if granted, will not alter the essential character of the locality". The <br /> variances are requested to permit the construction of a new home utilizing the <br /> existing footprint, which is reasonable. <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 single-family residence is an allowed use in <br /> the LR-1 B District. <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 /> 3 <br />