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�"��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti,�, ti'� NO. � � � � G tqxFsxo�`�" 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." This condition is not applicable, as residential entrance monuments are an allowed use in the RR-1 B District. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a finro family dwelling."This condition is not applicable. 8. °The special conditions applying to the structure or land in question are pecufiar to such property or immediately adjoining property."This criteria has not been satisfied. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." Information supporting the uniqueness of the Property has not been submitted. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The Applicants have indicated that it is necessary, though the issue of °substantial property righY' should not be applied to an omamental feature. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter."The City engineer has indicated that from a safety standpoint it is ideal to have a minimum of a 5-foot clear zone from edge of pavement(this site has 3.5 feet). There are other similar obstructions on the private road and that the low speed and traffic volume of the private road may not be impacted by the entrance monuments. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." It is feasible for the entrance monuments to be located to conform to the 10 foot setback. It would be more convenient for the applicant to not relocate the structures. CONCWSIONS. ORDER AND CONDITIONS: WHEREAS the City Council has reviewed the application; the recommendation of the City staff and Planning Commission; and the comments and written statements submitted by the Applicants. NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variance as described above based on one or more of the findings of fact concerning the Property contained in this Resolution. 4