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� � . ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��, G�� No. G G � � j''kPSH�� 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 guest house on this residential property is permitted by conditional use. This criterion is met. 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 garage, constructed in 1996 by a previous owner as a replacement to a then existing detached garage, is nonconforming with respect to size on this 1.25 acre property. The proposed guest house use of the garage will not increase the nonconformity (footprint size). 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is 1.25 acres, enough acreage to accommodate a guest house, however does not have adequate width to subdivide into two buildable lots. 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 this is true. 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 guest house in the proposed location will not impair the health, safety, comfort or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The Applicants have indicated that, although permitted to construct a separate, conforming guest house building less than 1,000 square feet in footprint, they wish to minimize hardcover by utilizing the existing nonconforming structure. Conditional Use Permit Analvsis: The Planning Commission may recommend and the Council may grant a conditional use permit as it was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 4