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FILE # 17-3951 17 July 2017 Page 3 of 4 b. There are circumstances unique to the property not created by the landowner; The neighboring home to the north is set back further from the lake than most of the surrounding homes resulting in the severe average lakeshore setback applied to the Property; and c. The variance will not alter the essential character of the locality. It does not appear that the requested average lakeshore setback variance to permit the pool within the elevated terrace will adversely impact views of the lake currently enjoyed by 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 swimming pool is an allowed use in the 1_11-113 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 extreme setback of the northerly home 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. The majority of the homes both to the north and south of the Property are closer in proximity to the lake and are more consistently in line with each other. The home on the lot directly to the north 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 applicant states that the variance is necessary. 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 topography and location of the adjacent home to the north 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.