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' , . <br /> Ms. Melanie Curtis . <br /> City of Orono <br /> May 24, 2011 � <br /> Page Two <br /> 2. "The plight of the landowner is due to circumstances unique to his property not created by the <br /> laridowner." <br /> Having lived,on the property for almost 8 years, all improvements, non-conformities, and hardcover <br /> were in place at the time of purchase in September 2002. <br /> 3. "The variance, if granted,will not alter the essential character of the locality." <br /> The property will be redeveloped to the single family dwelling use,with a structure in virtually a similar <br /> _ location,will meet present setbacks,m�imum height, and structural coverage requirements,preserving <br /> ` and improving the essential character of the locality. <br /> 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the <br /> property exists under the terms of the Zoning Chapter." <br /> Economic considerations are an insignificant reason for redevelopment and the granting of variances. <br /> The primary reasons for this request are: <br /> a. Deteriorated structural and construction quality, including water intrusion, mold, structural <br /> deficiency and ceiling heights. <br /> � b. Functional obsolescence and spatial/organizational inadequacies. <br /> 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar <br /> energy systems. Variances shall be granted for earth sheltered construction as defined in <br /> Minnesota Statutes, Section 116J.06, Subd. 2,when in harmony with this Chapter." <br /> This is not a reason for the vaziances requested or the existing non-conformities to be continued. <br /> 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that <br /> is not permitted under this Chapter for property in the zone where the affected person's land is <br /> located." <br /> This request is consistent with the present allowed uses under the ordinance. <br /> 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a <br /> two-family dwelling." <br /> Does not apply. � <br /> 8. "The special conditions applying to the structure or land in question are peculiar to such property <br /> or immediately adjoining property." <br /> The specific conditions that apply to a stxucture on this land are unique to this property, and have some <br /> similar aspects of adjoining property, i.e., downhill, steep grades, and lots of non-conforming widths, <br /> road frontages, sizes, etc., yet are also uniquely differing in severity. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which said <br /> land is located." <br /> The specific conditions do not apply generally to other land and structures in the District. Lot conditions <br /> vary greatly and each must be judged on its own unique merits. • <br /> 4 6 4 S e c o n d S t r e e t • S u i t e 1 0 0 • E x c e 1 s i o r , M N 5 5 3 3 1 <br /> p h o n e : 9 5 2 . 4 '7 0 . 9 7 5 0 • f a x : 9 5 2 . 4 7 0 . 8 4 0 7 <br /> w e b s i t e : s h a r r a t t d e s i g n . c o m • e m a i l : i n f o@ s h a r r a t t d e s i g n . c o m <br />