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C I TY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />6 6 1 3 NO. _________ _ <br />11. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner." <br />m. The variance, if granted , will not alter the essential character of the locality." <br />The property owner is proposing to use the property in a reasonable manner but the <br />specific location and size aspects of the request are not permitted by the Zoning Code. <br />The plight of the property owner with respect to the average setback variance is due to <br />the existing location of the adjacent principal structure on the lot to the immediate <br />north, which is located further from the lake than the minimum 75 foot setback; <br />applicants' property does not extend landward far enough to meet the average setback. <br />This circumstance is inherent to the lot and was not created by the landowner. The <br />hardcover variance request is a function of the substandard lot size and the applicants' <br />desired house size and driveway layout; additionally, the added hardcover for driveway <br />and off-street parking is necessitated by the lack of on-street parking within a <br />reasonable walking distance from the residence. The lot was created prior to current <br />zoning standards and the substandard lot area was not created by the property owner. <br />The character of the neighborhood is not likely to be significantly altered by <br />replacement of the existing residence in the manner proposed. <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 the use for a single family residence is an <br />allowed use in the LR-JB 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 />B8. "The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." The average setback that applies to this <br />property is unique and unusually lengthy due to the location of the home on the adjacent <br />property to the north. The 25% hardcover limitation applies to all Tier I residential <br />properties located at the lakeshore and is not peculiar to this property. <br />B9. "The conditions do not apply g enerally to other land or structures in the di strict in which the <br />land is located." . The standards applicable to this property apply to all other property in <br />Page 4 of ?