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1 � <br /> ' �O�O <br /> C ITY 4F ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> � <br /> ��' (,~� � � � �t <br /> t`�'�Esxo�`` N O. <br /> B3. "Variances may be granted when the applicant for the variance establishes that there are <br /> practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used <br /> in connection with the granting of a variance,means that: <br /> i. The property owner in question proposes to use the property in a reasonable manner, <br /> however,the proposed use is not permitted by the offcial controls." <br /> ii. The plight of the landowner is due to circumstances unique to his properiy not created <br /> by the landowner." <br /> iii. The variance,if granted,will not alter the essential character of the locality." <br /> The Applicants are proposing to use the Property in a reasona.ble manner very similar to how <br /> it is currently and has historically been used,but the specific locational aspects of the request <br /> aze not pernutted by the Zoning Code. The plight of the Applicants is due to having an <br /> extremely small and odd-shaped lot which as a result makes it impossible to meet all required <br /> accessory structure setbacks, a condition not created by the property owner. The Applicants <br /> have demonstrated that the lot size and shape as well as the location of the e�sting house and <br /> deck are all practical difficulties that make it impossible to construct a reasonably sized - <br /> detached garage meeting a11 code requirements. All of these circumstances pre-dated the <br /> Applicants' ownership of the property and were not created by the landowner. Further, <br /> granting the variances will not result in a garage that is out of character with the surrounding <br /> neighborhood. <br /> B4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval deterniination. <br /> B5. "Practical difficulties also include but aze not limited to inadequate access to direct sunlight <br /> for solaz energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn. Stat. § 216C.06, subd. 2,when in harmony with Orono City Code Chapter <br /> 78." This condition is not applicable. <br /> B6. "The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located." This condition is not applicable, as the use for a single family residence with <br /> accessory buildings is an allowed use in the LR-1 C District. <br /> B7. "The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling." This condition is not applicable. <br /> B8. "The special conditions applying to the structure or land in question are peculiar to such <br /> properly or immediately adjoining property." The condition of having a detached garage on <br /> Page 4 of 7 <br />