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5) Practical difficulties also include but are not limited to inadequate access to direct <br />sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br />construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with <br />Orono City Code Chapter 78: <br />NA <br /> <br />6) The board or the council may not permit as a variance any use that is not <br />permitted under Orono City Code Chapter 78 for property in the zone where the <br />affected person's land is located: <br />NA <br /> <br />7) The board or council may permit as a variance the temporary use of a one-family <br />dwelling as a two-family dwelling: <br />NA <br /> <br />8) The special conditions applying to the structure or land in question are peculiar to <br />such property or immediately adjoining property: <br />This particular property is bounded on the South and East borders by Wood Rill, <br />which is a 100 acre DNR protected forest, so the proposed coop would not be <br />inconsistent with the purpose and use of Wood Rill. The location of Wood Rill <br />makes the .7 acre size of this property somewhat irrelevant as is bounded by a <br />public nature preserve. <br /> <br />9) The conditions do not apply generally to other land or structures in the district in <br />which the land is located: <br />NA <br /> <br />10) The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant: <br />The keeping of pets, even pets that are marginally “farm animals”, is a <br />substantial property right of landowners. <br /> <br />11) The granting of the proposed variance will not in any way impair health, safety, <br />comfort or morals, or in any other respect be contrary to the intent of this chapter: <br />There is nothing unhealthy about keeping pigeons. Any guano from the birds will <br />be spread on gardens on the property, which is no different from applying any <br />other type of fertilizer. If cow manure can be spread on gardens, then bird guano <br />can as well without concern. <br /> <br />12) The granting of such variance will not merely serve as a convenience to the <br />applicant but is necessary to alleviate demonstrable difficulty: <br />The land is only .7 acres which is a demonstrable difficulty. Please see the <br />answer to question #4 as to why the variance responds to a real humanitarian <br />need and is not merely one of convenience. <br /> <br />212