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FILE # 17-3938 May 15, 2017 Page 3 of 4 meets with the constraints as much as practicable. Fully meeting the requirements for the ordinance would only permit a 30 foot wide home. b. There are circumstances unique to the property not created by the landowner; This property is fronted on three sides by public rights of way, further the slope and vegetation limits building sites without drastic changes to the neighborhood and c. The variance will not alter the essential character of the locality. The minimal encroachment for the covered entry will likely not impact the character of the area. 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 single family residential is a permitted 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 Council has suggested that small lots are a practical difficulty, this lot is one of the few in the neighborhood that has frontage on three sides. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject lot is one of five (with three street yards) in the immediate neighborhood, though this is the only one that has yet to be developed, and it appears to be the second smallest. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance is necessary to construct a modest sized home well under the hard cover and structural coverage limitations. 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. No evidence has been provided that suggests the variance will impair health, safety, and welfare. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Based on the amount of hardcover and structural capacity, it appears the applicant has made an attempt to coordinate the project and the neighborhood. 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.