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LA22-000005 <br /> February 22,2022 <br /> Page 3 of 4 <br /> • are also other conforming locations that would allow for addition to the home, <br /> and <br /> c. The variance will not alter the essential character of the locality. The applicant <br /> states the proposed addition would not alter the character of the neighborhood <br /> and it would not impact the neighbors. There is also substantial vegetation <br /> surrounding the home. <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. 17, when in harmony with Orono City Code <br /> Chapter 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 single family house is an allowed use in the <br /> RR-1B 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. Staff finds that the location of the existing <br /> home and septic system are peculiar but a reasonable building envelope is still available <br /> • for additions to the home in conforming locations. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The location of the existing home and septic do not apply to other <br /> properties in the district. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The new garage addition would be located in <br /> the front yard setback. The applicant states the existing location of the home and <br /> existing septic and established trees creates practical difficulty for the owner in allowing <br /> a useful and enjoyable space for on the existing homes. Staff finds the use and <br /> enjoyment of the property is currently being met with a single family home. <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 proposed <br /> variance will not impair health, safety, comfort or in any other respect be contrary to <br /> 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 proposed addition would serve as <br /> a convenience as the use of the property for a single family home is met with open space <br /> within a conforming building envelope of the property. <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 />