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FILE#LA18-000086 <br /> 19 Nov 2018 <br /> Page 3 of 4 <br /> 2. The variance is consistent with the comprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not permitted <br /> by the official controls; Applicant Response:yes <br /> b. There are circumstances unique to the property not created by the landowner; Applicant <br /> Response: unique property shape; and <br /> c. The variance will not alter the essential character of the locality. Applicant Response: no <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be granted as <br /> follows: <br /> 4. Economic considerations alone do not constitute practical difficulties.Applicant Response: lot <br /> shape and <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br /> solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br /> Minn. Stat. § 216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.Applicant <br /> Response: n/a <br /> 6. The board or the council may not permit as a variance any use that is not permitted under Orono <br /> City Code Chapter 78 for property in the zone where the affected person's land is located. <br /> Applicant Response:ok <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br /> two-family dwelling.Applicant Response: n/a <br /> 8. The special conditions applying to the structure or land in question are peculiar to such property <br /> or immediately adjoining property.Applicant Response:yes <br /> 9. The conditions do not apply generally to other land or structures in the district in which the land is <br /> located.Applicant Response: unique shaped lot <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br /> property right of the applicant.Applicant Response:yes <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br /> or in any other respect be contrary to the intent of this chapter.Applicant Response: no <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate demonstrable difficulty.Applicant Response: plan design fits unique <br /> shaped lot and adjacent properties <br /> The Commission may recommend or Council may impose conditions in granting of variances. Any <br /> conditions imposed must be directly related to and must bear a rough proportionality to the impact <br /> created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter <br /> in the district where such land is located. <br /> Practical Difficulties Analysis <br /> The Council may grant variances only when it is demonstrated that such action is in keeping with the spirit <br /> and intent of the chapter. The burden for demonstrating the need or justification for a variance is on the <br /> applicant. Based on the justification provided, Staff finds that there are little to no valid practical <br /> difficulties supporting granting of the variance. It appears that the uniqueness of the lot is created by the <br /> pending plat, and the requested encroachment is largely a convenience factor. Approving a variance with <br /> obvious deficiencies in its justification establishes a precarious precedent where variances are concerned. <br />