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LA20-000057 <br /> September 21,2020 <br /> Page 4 of 5 <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 alone 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 a single family home is an allowed use in the <br /> 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 is substandard in size and <br /> width and has lake frontage on either side. The immediate neighbors have similar <br /> challenges. The applicant was able to construct a home conforming to all setbacks in <br /> 2009. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. There are other properties in the neighborhood with substandard <br /> size and width with double frontage to the lake, which are not unique conditions <br /> affecting only this property. The proposed addition would require street yard and <br /> average lakeshore setback variances which other neighboring properties have met. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The applicant states that their family has <br /> grown and need additional living space within the home. The property was built to <br /> meeting setback requirements,the property owner currently has use and enjoyment of <br /> the property currently. <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.The applicant <br /> states this to be true. Staff would recommend the Planning Commission to discuss the <br /> parking limitations for the property by shrinking the current driveway and parking <br /> availability. <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 property owner built the principle <br /> building to meet all setbacks in 2009. The addition to the home is not necessary to <br /> alleviate a practical difficulty and would merely serve as a convenience to the Owner. <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 /> Public Comments <br /> Two letters of support for the application were submitted to city hall. (See Exhibit F) <br /> Issues for Consideration <br />