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FILE # 17-3942 19 June 2017 Page 4 of 5 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 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 the home on the foundation of the existing home within the side setback, front setback, and wetland setback, appears to be reasonable as the property's narrow width and depth (due to the wetland) creates a difficulty. b. There are circumstances unique to the property not created by the landowner; The sub -standard size of the Property was not the result of actions by the landowner. The location of the home and garage on the Property, the high water table, the narrowness and shallow depth of the buildable area of the property create difficulties for developing the Property; and c. The variance will not alter the essential character of the locality. The lot area and width variances will not alter the character of the neighborhood. It does not appear that the setback variances to permit the new home will adversely impact the adjacent property owners. 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 -1C 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 wetland, high water table, the narrowness and shallow depth of the buildable area of the property create difficulties 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 wetland, high water table, the narrowness and shallow depth of the buildable area of the property create difficulties unique to the Property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this condition to be true. 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 substandard area and width of the Property; its wetland and location of the existing home and garage create practical