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LA18-000081 <br /> October 15,2018 <br /> Page 3 of 4 <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar 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 /> 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 the use for a single family home is an allowed <br /> use in the RR-1A District. <br /> 7. 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 /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The size of the lot with in the RR-1A zoning <br /> district is unique for the requested setback variances. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The size of the lot and its locations as it pertains to the existing zoning <br /> district is peculiar to the property. The lot is non-conforming as to width, the RR-1A <br /> zone requires 300 feet. The lot at 140 wide offers a 40'wide buildable envelope. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Staff finds this statement to be true to allow <br /> for construction of an addition to a single family home on this parcel. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting of <br /> the requested variances would not impair health,safety, comfort or morals and would <br /> be in keeping with the intent of the zoning code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The application has stated the narrow <br /> lot has setback challenges for constructing additions to an existing single family home. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Septic System Status <br /> Our building office will conduct a septic review before a building permit can be issued. The <br /> septic was complaint as up February 2017. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties, Conditional Use Permit,Site Plan Analysis <br /> Staff finds there are practical difficulties inherent to the property due to the nonconforming lot <br /> being less than half the required width. This creates a challenging building envelope in the RR-1A <br /> district. Pertaining to the east side proposed encroachment, the applicant is not asking to be <br /> closer than principle structure in this side yard. The addition will be in the rear of the home that <br /> will not alter the current side yard. <br />