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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />6 5 7 ·1 NO. _______ _ <br />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 Orono <br />City Code Chapter 78." This criteria is not applicable. <br />6. "The board or the council may not permit as a variance any use that is not permitted <br />under Orono City Code Chapter 78 for property in the zone where the affected person's <br />land is located." The use of an accessory building for storage is a permitted use within <br />the RR-1 B zoning district. <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." This criteria is not applicable. <br />8. "The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." The specific special conditions include: the <br />shape and size of the Property; the existing mature vegetative screening; the existence <br />of wetlands; the septic treatment locations; and the location of the home toward the rear <br />of the Property. <br />9. "The conditions do not apply generally to other land or structures in the district in which <br />the land is located." Other properties in the vicinity of various sizes and configurations <br />have accessory structures streetward of the principal structures. The specific special <br />conditions applying to the Property do not apply to other land in the district. <br />10. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." The variance to allow construction of the OAS <br />in the proposed location is necessary for the preservation and enjoyment of a substantial <br />property right of the Applicants. <br />11. "The granting of the proposed variance will not in any way impair health, safety, comfort <br />or morals, or in any other respect be contrary to the intent of this chapter." The OAS in <br />the proposed location does not appear to limit the light, air or open space enjoyed by the <br />adjacent properties. The Applicants' request results in minimal negative impact to <br />adjacent properties. Rather the OAS is located so that it is not visible from adjacent <br />properties. The OAS will allow for the storage of large trailers in an enclosed building on <br />the Property. <br />12. "The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable difficulty." The overhead doors of the OAS <br />have been oriented to the east to utilize the existing driveway serving the home, <br />preserving trees. The variance would allow for the preservation of trees and septic system <br />Page 4 of?