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FILE # LA21-000051 20 Sept 2021 Page 4 of 5 variance to permit a minimal footprint and upward volume expansions is solely to upgrade the livability and functionality of the house. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit the connecting addition to the home and minor upward expansion of the garage within the setbacks may be reasonable; additionally, the small connection limits potential massing impacts to neighbors. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The applicant proposes to reconstruct the nonconforming garage with a 5.9 foot addition connecting it to the home and partial second story to improve the livability and functionality for the owners. The owners want to maintain the character of the existing home however and are in need of replacing due to their age and deferred maintenance; and c. The variance will not alter the essential character of the locality. The requested variances will not result in the home being out of character with the neighborhood; and will result in minor expansions within the rear and side setbacks. The new encroachments of the home addition and second story will not alter the character of the locality. This criterion is met. 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. 17, 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 a residence is an allowed use in the LR-1B 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 setbacks of the existing garage within the setbacks is an existing condition which is somewhat unique to the property but not uncommon in 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 location of the nonconforming garage is an existing condition which is not unique to the property. However, the applicant’s proposal to connect the existing nonconforming garage to the existing conforming house will result in the house becoming nonconforming with respect to rear and side setbacks. The applicant’s proposal to keep the character of the existing home is unique to the neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the principal structure. The nonconforming garage is allowed to be maintained and replaced in kind. The applicant’s proposed expansion of the existing non-conforming garage is not a right, however the garage will be expanded the minimal amount necessary in order to improve the functionality and livability of the existing home while maintaining the character.