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, . �O�V� �ITY OF ORQNO RESOLUTION OF THE CITY COUNCIL �� G�� � � � 1, t'�kFsxo�`` N O. B3. "Variances may be granted when the applicant for the variance establishes that there are practical 'chfficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance,means that: i. The property owner in question proposes to use the property in a reasonable manner, however,the proposed use is not pernutted by the official controls." ii. The plight of the landowner is due to circumstances unique to his properiy not created by the landowner." iii. The variance, if granted,will not alter the essential character of the locality." The Applicants are proposing to use the Properiy in a reasonable manner very similaz to how it is currently and has historically been used,but the specific locational aspects of the request aze not permitted by the Zoning Code. The plight of the Applicants is due to having an extremely small and odd-shaped lot which as a result makes it impossible to meet all required accessory structure setbacks, a condition not created by the property owner. The Applicants have demonstrated that the lot size and shape as well as the location of the existing house and deck are all practical difficulties that make it impossible to construct a reasonably sized � detached garage meeting a11 code requirements. All of these circumstances pre-dated the Applicants' ownership of the property and were not created by the landowner. Further, granting the variances will not result in a garage that is out of character with the surrounding neighborhood. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval deterniination. B5. "Practical difficulties also include but aze not limited to inadequate access to direct sunlight far solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2,when in harmony with Orono City Code Chapter 78." This condition is not applicable. B6. "The boazd or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a single family residence with accessory buildings is an allowed use in the LR-1 C District. B7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This condition is not applicable. B8. "T'he special conditions applying to the structure or land in question are peculiaz to such property or ixnmediately adjoining properiy." The condition of having a detached garage on Page 4 of 7