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��0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � �- 6 6 b � 'y�. Gti'� NO. jAkFS H�� 3. "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: a. 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. The request to permit construction of additions to the existing garage, an oversized accessory structure, within the 30 foot side and rear setback areas appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from the adjacent neighbors. The proposed setback between the house and the garage at 9 feet is a corner-to-corner measurement. The encroachment will not create an unreasonable perception of additional massing. b. The plight of the landowner is due to circumstances unique fo his property not created by the landowner. The size of the garage, and the size and orientation of the Property were not the result of actions by the landowner. The neighboring home is set back sufficiently to allow for light, air, and open space between the garage and the home. c. The variance, if granted, will not alter the essential character of fhe locality." The proposed additions to the garage and home will not alter the character of the neighborhood. The existing home plus detached garage to be expanded are set back sufficiently from Carman Street and it does not appear that a second story addition on the existing garage will adversely impact the neighbor to the south. The structures on adjacent lots are set back 62 feet for the home and 27 feet for the detached garage to the north; and the home to the south is over 84 feet from the property line. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested approval based on economic considerations. 5. "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 criterion is not applicable. 6. "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."The proposed improvements are residential in nature and are consistent with the residential zoning and the Comprehensive Plan. 3