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FILE #17-3940 15 May 2017 Page 4 of 6 addition and the neighboring homes. The lake setback of the proposed home is an improvement over the existing. The variance is in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. The setback variances allowing construction of a single family residence in a residential zone are consistent with the Comprehensive Plan as well as the character of the neighborhood. The variance to permit a hardcover level exceeding the 25% allowance is inconsistent with the comprehensive plan's lake protection philosophy. 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 a new home with a tiered deck, within the 10 foot side setback appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from adjacent neighbors. The height of the new portion of the home will be lower than the existing garage to which it is being connected. b. There are circumstances unique to the property not created by the landowner; The height of the existing garage, the slope, the shape and size of the property were not the result of actions by the applicants. The nearest structures on the neighboring properties are offset and set back sufficiently to allow for light, air, and open space between each of the homes; and c. The variance will not alter the essential character of the locality. The setbacks or defined height of the proposed new home will not alter the character of the neighborhood. The setback of the proposed tiered decks should be adjusted to meet the 5 -foot setback of the home. The proposed open post construction of the tiered decks will permit drainage to be maintained. Stormwater drainage in this neighborhood is challenging. 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 a residence is an allowed use in the LR -113 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 topography, lot width, and the garage's proximity and orientation to the property line are special conditions unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The topography, which drops off steadily as you move toward the