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�°moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��t9 tiG~ NO. 6638 kFsxo� B3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties 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 permitted by the official controls." ii. The plight of the landowner is due to circumstances unique to his property not created by the landowner." iii. The variance,if granted,will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner but the specific location and size aspects of the request are not permitted by the Zoning Code. With respect to lot area and width,the substandard lot in single separate ownership is a circumstance inherent to the lot and not created by the landowner. Until 2011, a single family residence existed on the property and prior to 2008, the property also contained a second accessory structure which yielded structural coverage greater than is currently proposed. The setback variances are a function of the RR-1B District setbacks being appropriate for the standard 2-acre RR-1B lot, but extremely limiting when applied to smaller existing lots of record. There are both smaller and larger developed lots in the immediate neighborhood. The character of the neighborhood is not likely to be significantly altered by construction of the proposed home. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 135. "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 is an allowed use in the RR-1B District. 137. "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. 138. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The substandard lot area and width are common in the Minnetonka Bluffs neighborhood, where many existing homes do not Page 4of7