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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />6664 NO. ________ _ <br />3. "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 manner, <br />however, the proposed use is not permitted by the official controls. <br />The request to permit construction of additions to the existing garage, an oversized <br />accessory structure, within the 30 foot side and rear setback areas appears to be <br />reasonable as the adjacent properties do not appear to be adversely impacted; the <br />mature vegetation and topography separate the Property from the adjacent <br />neighbors. The proposed setback between the house and the garage at 9 feet is <br />a corner-to-corner measurement. The encroachment will not create an <br />unreasonable perception of additional massing. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The size of the garage, and the size and orientation of the Property were not the <br />result of actions by the landowner. The neighboring home is set back sufficiently <br />to allow for light, air, and open space between the garage and the home. <br />c. The variance, if granted, will not alter the essential character of the locality. " <br />The proposed additions to the garage and home will not alter the character of the <br />neighborhood. The existing home plus detached garage to be expanded are set <br />back sufficiently from Carman Street and it does not appear that a second story <br />addition on the existing garage will adversely impact the neighbor to the south. The <br />structures on adjacent lots are set back 62 feet for the home and 27 feet for the <br />detached garage to the north; and the home to the south is over 84 feet from the <br />property line. <br />4. "Economic considerations alone do not constitute practical difficulties." The Applicants have <br />not requested approval based on economic considerations. <br />5. "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 />6. '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 proposed improvements are residential in nature and are consistent with the <br />residential zoning and the Comprehensive Plan. <br />3