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17-3988, 17-3989, 17-3990 November 20, 2017 Page 5 of 10 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 the only 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 driveway for access a principle structure is an allowed use in the LR -1C District. Variances requested are from performance standards of the code, not uses. 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 applicant's property is unique because it is surrounded by Lake Minnetonka with no access via vehicle that would meet the requirements of the ordinance without impacting the adjacent residential lot. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The orientation of the applicant's property between the lake and the wetland and having no direct access to a public road is relatively unique. The configuration of the property as a point into Lake Minnetonka additionally differentiates the parcel. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. There is no opportunity to place a driveway into the site without impacting the wetland setback, or improvements in the lake yard. Allowing the applicant to alter the land within the shoreland setback is necessary for the development of the two proposed lots. Without access, the applicant lose substantial property rights. 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. Staff believes this criteria to be met because the proposed 12 foot wide shared driveway ties into the existing access for the site and the grading within the shoreland setback will address water concerns that currently exist on the site. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance is necessary in order to allow access and development of the two proposed platted lots. 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. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the