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FILE # LA19-000021 15 April 2019 Page 3 of 4 the topography, the bluff setback, and vehicle access resulting in the substandard rear yard setback of the home; and c. The variance will not alter the essential character of the locality. The rear yard setback variance will not alter the character of the neighborhood. The home is situated at a lower elevation than the road; it does not appear that the requested setback variance to permit the addition will be visible from North Shore Drive, impact drainage, or adversely impact the adjacent property owners. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall 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. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the residential home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The nonconforming lot area and substandard lot width of the property is not uncommon in the surrounding neighborhood, nor is the bluff topography. The setback into the required rear yard is not out of character with the immediate neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The majority of the homes along this shoreline are set back closer to North Shore Drive based on the topography and are generally in line with each other. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the rear yard setback variance is necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested rear yard setback variance in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The depth of the Property, the topography, and location of the existing home create practical difficulties affecting the Property; the variance is necessary and does not merely serve as a convenience to the owners. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement