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FILE #18-3997 16 Jan 2018 Page 4 of 5 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 use for improvements to a residential structure is an allowed use in the LR -1A Zoning 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 extreme curve of the shoreline resulting in the average lakeshore setback which encumbers the subject property. The proximity of the existing home to the lake is an existing condition setback of the subject home and is generally not in character with the immediate neighborhood. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The shoreline's curve results in the extreme average lakeshore setback which encumbers the subject property. The proximity of the existing home to the lake is an existing condition setback of the subject home and is not in character with all of the homes the immediate neighborhood. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Due to the location of the house and the applied setbacks, no improvement which expand beyond the existing footprint and walls of the existing home can be done without variances. This criterion is met. 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 variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The shoreline, topography, and location of the subject home as well as the adjacent homes create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. This criterion is met. 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 Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application.