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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. 7670 <br /> <br /> <br />4 <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br />Granting the requested variances would undermine the purpose of setback <br />requirements, which include protection of neighboring properties, preservation of <br />light and air, stormwater management, and maintenance of neighborhood <br />character. <br /> <br />B4. “Economic considerations alone do not constitute practical difficulties.” The Applicant has <br />not cited economic considerations in support of the request. <br /> <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 criterion is not applicable. <br /> <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.” The requested relief pertains to structural encroachments (patio, landing, <br />retaining walls) within the required setback and shoreland areas. A variance may <br />authorize deviation from dimensional standards but may not authorize a use otherwise <br />prohibited in the zoning district. To the extent the improvements constitute structural <br />encroachments rather than a change in land use, this criterion does not independently <br />support approval. Because the Applicant has not provided sufficient documentation <br />demonstrating full conformity with permitted use provisions, the City cannot make an <br />affirmative finding under this criterion. <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.” The request does not involve such a request. Accordingly, this <br />provision does not apply to the request before the Council and provides no independent <br />basis for approval of the requested variances. <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 Applicant has not demonstrated that <br />special conditions peculiar to the Property necessitate the requested setback <br />encroachments. No topographic survey, grading plan, or engineering documentation has <br />been submitted to establish unique physical constraints such as extreme slopes, irregular <br />lot configuration, or other site-specific limitations. The record instead reflects that the <br />improvements were constructed without prior approval and located within setback areas <br />by choice. Self-created circumstances do not constitute special conditions peculiar to the <br />land. Therefore, this criterion is not satisfied. <br /> <br />65