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CITY OF ORON RESOLUTION OF THE CITY COUNCIL NO. X595 The Owners propose to use the Property in a reasonable manner very similar to how it has historically been used, but the specific location and size aspects of the request are not permitted by the Zoning Code. The plight of the Owners is in part due to the existing non- conforming location of the accessory building, which has been in this location and size for many years prior to their ownership. These circumstances pre -dated the Applicants' ownership of the properly and were not created by the landowner. Further, granting the variances will not result in an accessory structure 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 determination. B5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for 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 board 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 -1A 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. "The special conditions applying to the structure or land in question are peculiar to such Property or immediately adjoining property." The condition of having an accessory structure on properties in the Crystal Bay neighborhood is common; the location of the existing accessory building and the shape of this lot is very uncommon, but alternate locations for accessory buildings on the property exist where greater compliance with code requirements is possible. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The standards applicable to this property apply to all other property in the neighborhood; the existing location of the building makes it impossible to expand while meeting the conditions imposed by the City ordinance. 1310. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The property rights of the owner will not be diminished if the variances are denied. B 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting of the Page 5 of 8