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LA18-000091 <br /> 1.22.2019 <br /> Page 3 of 4 <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 with an A/C <br /> unit is an allowed use in this 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. Staff finds this not to be true. No unique or <br /> special conditions were submitted to staff regarding this property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. Staff finds this not to be true. No unique or special conditions were <br /> submitted to staff regarding this property. Other properties in this development have <br /> to follow the same standards and have similar setbacks and drainage and utility <br /> easements. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The applicant has stated that granting this <br /> variance will improve the enjoyment of the property for the owner and neighbors due <br /> to noise abatement and visually. Staff finds this does not meet the standards for a <br /> variance. <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.The applicant <br /> has stated this to be true and noted that the location on the side of the home verses <br /> the rear makes the area safer for the children because it is further away from the play <br /> area. It would "alleviate the potential of electrocution, dismemberment as well as <br /> other potential hazards from high rpm fan blades and 240 volt electricity." Staff finds <br /> by placing the A/C unit in a conforming location in the rear yard would meet the code <br /> and variance request does not meet this standard. <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. Staff finds granting this variance would <br /> be a convenience to the applicant and does not meet the variance standards. <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 /> 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 Analysis <br /> The applicant did not submit complete written practical difficulties. The Commission should <br /> consider asking the applicant to supply verbal comment for the variance standards. <br /> Staff recommends denial of the submitted variance request to allow for the existing A/C unit to <br /> remain in the side yard,where is it placed within 2 feet of the property line and completely within <br />