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� ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� NO. � � J �� l9kESH�� B3. "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: i. 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." ii. The plight of the landowner is due to circumstances unique to his properry not created by the landowner." iii. The variance,if granted,will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner but the size of the lot is below the minimum lot size standards of the Zoning Code. The plight of the property owner is due to the existing substandard lot size, which is a result of the property being platted as part of the `Casco Heights'subdivision in 1911, long before local zoning codes were in effec� The Casco Heights neighborhood (primarily fronting on Casco Avenue,EthelAvenue, CarolineAvenue and Casco PointRoad) consists of lots rypically SO feet in width and ranging in depth from 140-190 fee� Over time approximately one- fourth of the lots in the neighborhood have been developed singly, while the remainder have been developed in combinations ranging from 1-1/2 to 3 lots in width. A single family residence with associated amenities on a single lot in this neighborhood is not inconsistent with the character of the surrounding neighborhood Lots surrounding applicants'property are all similarly within Hardcover Tier 2. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5. "Practical diff'iculties 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 condition is not applicable. B6. "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 the use for a single family residence is an allowed use in the LR-1 C Distric� B7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This condition is not app[icable. B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The lot area,lot width,setback,hardcover and lot coverage standards applying to this property are similar to those of other properties in the neighborhood, and there are many similar sized developed lots in the neighborhood Page 3 of 5