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���p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��,1 G�� NO. � � � � <br /> '�kFs x o��' <br /> 6. "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 residential entrance monuments are an <br /> allowed use in the RR-1 B District. <br /> 7. "The board or council may perrnit as a variance the temporary use of a one-family dwelling <br /> as a two family dwelling."This condition is not applicable. <br /> 8. "The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property."This criteria has not been satisfied. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." Information supporting the uniqueness of the Property has not been <br /> submitted. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicarrt."The Applicants have indicated that it is necessary, <br /> though the issue of "substantial property right� should not be applied to an omamental <br /> feature. <br /> 11. "The granting of the proposed variance will not in any way impair hea�h, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." The City engineer <br /> has indicated that from a safety standpoint it is ideal to have a minimum of a 5-foot clear <br /> zone from edge of pavement (this site has 3.5 feet). There are other similar obstructions <br /> on the private road and that the low speed and traffic volume of the private road may not <br /> be impacted by the entrance monuments. <br /> 12. "The grarrting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficu�y." It is feasible for the entrance monuments <br /> to be located to conform to the 10 foot setback. It would be more convenient for the <br /> applicant to not relocate the structures. <br /> CONCLUSIONS. ORDER AND CONDITIONS: <br /> WHEREAS the City Council has reviewed the application; the recommendation of <br /> the City staff and Planning Commission; and the comments and written statements submitted by <br /> the Applicants. <br /> NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br /> hereby denies the requested variance as described above based on one or more of the findings <br /> of fact concerning the Property contained in this Resolution. <br /> 4 <br />