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FILE # LA19-000004 19 Feb 2019 Page 4 of 6 grade in the proposed grading plan. The defined building height based on 939.3’ highest existing is 36.7’ (6.7’ taller than permitted). When using the applicant’s restored highest grade of 946’ the defined height calculation is conforming at 30 feet. Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch- type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. 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 this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in its small size and width, manipulated topography, and proximity to the lake. The lot is also challenged by Crystal Bay Road which runs through the lake yard. The average lakeshore setback is proposed to be met protecting views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop a nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home on the substandard lot, in the proposed location within the lake, and rear yard setbacks, appears to be somewhat reasonable as the property’s reduced size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties. The hardcover level, grade correction, and encroachments proposed within the lake yard appear to be reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small size, location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the