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LA19-000048 <br /> July 15,2018 <br /> Page 4 of 5 <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn. Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted <br /> under Orono City Code Chapter 78 for property in the zone where the affected person's <br /> land is located.This condition is not applicable,as the use for a residential home is an <br /> allowed use in the LR-1C District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The property's substandard size and <br /> orientation and the setback from the lake of the adjacent homes creates difficulties for <br /> the Owners in redeveloping the property consistent with the homes in their <br /> neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The property's nonconforming size and the relationship between the <br /> existing home and the setback of the adjacent properties create difficulties for the <br /> owners. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting lot area, lot width, and average <br /> lakeshore variances are necessary for the preservation of the property right of the <br /> applicant. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested hardcover, lot area, lot width and average lakeshore setback variances in <br /> this unique situation is not contrary to the intent of the zoning chapter. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The requested variances for lot width, <br /> lot area, and average lakeshore set setback are necessary, and do not merely serve as a <br /> convenience to the applicant. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Practical Difficulties Analysis <br /> Staff finds due to the nature of the lot and the applied setbacks there are practical difficulties <br /> supporting granting the lot area, lot width, hardcover and average lakeshore setback variances <br /> for construction of a new home. <br /> Engineer Comments <br /> The Engineer has reviewed the proposal and recommends the home have gutters and to develop <br /> a drainage plan to ensure no runoff is directed to the neighboring properties or roadway. <br />