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LA 18-000060 <br />July 16, 2018 <br />Page 3 of 4 <br />c. The variance will not alter the essential character of the locality. The proposed <br />addition will replace a detached structure on the property and will not alter the <br />essential character of the neighborhood. <br />Additionally City Code 78-123 provides additional parameters within which a variance may be <br />granted as follows: <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 under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located. This condition is not applicable, as the use for a single family home is an allowed <br />use in the LR -1A 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 land has potential wetlands on either <br />side of the property as well unique topography creating a limited building envelope. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The land has potential wetlands on either side of the property as <br />well unique topography creating a peculiar property. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Staff finds this statement to be true to allow <br />for an addition to a single family home on this parcel. <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 of <br />the requested variances would not impair health, safety, comfort or morals and would <br />be in keeping with the intent of the zoning code. <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 application has stated the unique <br />topography creates challenges for a building envelope for an addition to the single <br />family home. <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 Statement <br />Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br />should be asked for additional testimony regarding the application. <br />Practical Difficulties Analysis <br />Staff finds there is be practical difficulties with the property to grant a front yard setback variance <br />due to the location of the wetland, topography of the lot, and orientation of the home. <br />