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g"��O <br /> C ITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �`�1., tiG~� N O. � ;� G ! <br /> kEsxot` <br /> ii. The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner." <br /> iii. The variance,if granted,will not alter the essential character of the locality." <br /> The property owner is proposing to use the Property in a reasonable manner very similar to <br /> how it is currently and has historically been used. The plight of the property owner is due to <br /> having a small lot in a developed neighborhood of similazly small lots, and which is <br /> physically constrained as to expansion due to required setbacks, conditions not created by <br /> the property owner. The Applicants have demonstrated that the lot size and shape; the <br /> existence of the creek and its locational relationship to Stubbs Bay; the location of the <br /> e�sting house; and the orientation in relationship to neighboring homes; aze all practical <br /> difficulties that make it impossible to construct a reasonable sized detached garage meeting <br /> a11 code requirements. All of these circumstances pre-dated the Applicants' ownership of <br /> the property and were not created by the landowner. Further, the proposed gazage replaces a <br /> previous garage at the same location which existed until 2011, and granting the variances <br /> will not result in a garage that is out of character with the surrounding neighborhood. <br /> B4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval deterrnination. <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 peimitted 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-lA 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 /> properiy or immediately adjoining property." The condition of a small, constrained <br /> lakeshore lot is common in Orono, but compared to many others, this lot due to its size and <br /> the 2-acre zoning standards applicable to it functionally has no buildable area as compared <br /> to other lots which are wider, deeper and have more flexibility. <br /> Page 4 of 7 <br />