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LA18-000098 <br />January 22, 2019 <br />Page 3 of 4 <br /> <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 with a <br />detached garage is an allowed 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 property has some unique topography <br />with the grading sloping down along the East side of the parcel limiting some of the <br />buildable footprint forward of the principal structure. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The topography is unique to this lot within the neighborhood. <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 this to be true by <br />allowing the property owners to maintain the appearance of the property. <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 property <br />owners believe that granting the proposed variance will not in any way impair the <br />health, safety, comfort, morals, or in any other respect be contrary to the intent of the <br />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 property owners believe the <br />granting of the variance is necessary to alleviate the demonstrable difficulties of <br />topography along the East side of the property and in the rear of the property. <br /> <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 /> <br />Septic System Status <br />Staff has completed a preliminary review of the project for compatibility with the septic system, <br />and has determined that the project is not likely to impact the existing or future septic sites. <br />The site plan for the building permit should call out the alternate septic site. <br /> <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 /> <br />Practical Difficulties Analysis <br />Due to the unique topography and configuration of improvements on the property the request <br />for a front yard setback variance seems reasonable. <br /> <br />Engineer Comments