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FILE #17-3918 17 April 2017 Page 5 of 9 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 butare not limitedto 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 a residence is an allowed use in the LR -1A 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 substandard lot width of the Property is not uncommon in the surrounding neighborhood. The presence of the 1% annual chance floodplain on the property creates increased difficulties which drive the building pad location and improvements toward the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property to the east has a higher grade than the subject property. The two properties to the west have similar floodplain challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the requested variances will provide relief to the applicant regarding the lot size and floodplain on the property. 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 size of the Property; the flood pl a i n/topogra phy create practical difficulties affecting the Property; the variances are necessary and 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. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The bathroom within an accessory building and the proposed grading to elevate the home and portions of the property above the 1% annual chance floodplain is residential in nature, are both consistent