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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL j NO. `63 1 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 construction of a guest house, essentially a secondary and subordinate residence, in the proposed location is consistent with principal structure setbacks and is reasonable on this rural 4 acre residential property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property is undeveloped and can be built to conform. However, existing topography and property line tree stands a conforming development would impact the existing topography and vegetation in a negative way. The characteristics of the Property result in a Unique circumstance allowing for the 1,450 square foot guest house to be almost completely screened from views off the Property. c. The variance, if granted, will not alter the essential character of the locality." The guest house will not be visually obtrusive when viewed from off of the Property. Based on the proposed plans, the guest house will appear as a typical residential structure when viewed off site. This condition is met. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested consideration based on economic reasons. 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 residential use on this residential property is permitted. This criterion is not applicable. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criterion is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The Property exceeds the minimum 4.0 acre requirement to permit a guest house and contains a perimeter of coniferous trees for