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FILE #17-3950 17 July 2017 Page 4 of 5 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 and pool are allowed uses 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 conforming lot area, yet substandard lot width of the property is not uncommon in the surrounding neighborhood. The extreme setback of the home on the adjacent property is not in character with the immediate neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. This property is unique because it has a non-lakeshore lot on the west and the home on the lakeshore lot directly to the east is set back further than the other immediately adjacent homes. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The majority of the property is encumbered by the applied average lakeshore setback; to push the home further from the lake would nearly eliminate lake views. 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 topography, wetland, and location of the adjacent home to the east 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. Septic System Status Staff has conducted a preliminary review of the proposed septic design and had deemed it acceptable. A site evaluation and more detailed review will be done at the time of the building permit. 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.