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��o CITY OF ORONO RESOLUTION OF THE CITY COLTNCIL ��'�q 4��1� NO. � � � � kFSH� A10. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: B1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." Single family residences are a permitted use within the LR-1 C zoning distric� B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The proposed residential principal structure is a residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 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 pernutted by the official controls." ii. The plight of the landowner is due to circumstances unique to his properiy 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 properly 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 Navarre Heights subdivision in 1909,long before local zoning codes were in effec� The Navarre Heights neighborhood consists of lots rypically 50 feet in width and 130-I45 feet in depth. Over time these lots have been developed for individual homes singly or in combinations of 2 or 3 lots together. Construction of a single family residence on a single lot in this neighborhood will not be inconsistent with the character of the surrounding neighborhood B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have rtot been a factor in the variance approval determination. B5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances sha11 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. Page 3 of 5