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CITY OF ORON <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />X595 <br />The Owners propose to use the Property in a reasonable manner very similar to how it has <br />historically been used, but the specific location and size aspects of the request are not <br />permitted by the Zoning Code. The plight of the Owners is in part due to the existing non- <br />conforming location of the accessory building, which has been in this location and size for <br />many years prior to their ownership. These circumstances pre -dated the Applicants' <br />ownership of the properly and were not created by the landowner. Further, granting the <br />variances will not result in an accessory structure that is out of character with the <br />surrounding neighborhood. <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 with <br />accessory buildings is an allowed use in the LR -1A 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 condition of having an accessory <br />structure on properties in the Crystal Bay neighborhood is common; the location of the <br />existing accessory building and the shape of this lot is very uncommon, but alternate <br />locations for accessory buildings on the property exist where greater compliance with code <br />requirements is possible. <br />B9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The standards applicable to this property apply to all other property in the <br />neighborhood; the existing location of the building makes it impossible to expand while <br />meeting the conditions imposed by the City ordinance. <br />1310. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." The property rights of the owner will not be <br />diminished if the variances are denied. <br />B 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter." Granting of the <br />Page 5 of 8 <br />