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FILE#LA22-000013 <br /> 21 March 2022 <br /> Page 4 of 5 <br /> c. The variance will not alter the essential character of the locality. The variance is • <br /> requested in order to permit construction of additions to the home designed to <br /> fit the character of the neighborhood according to the submitted information. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may <br /> be 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 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's unique shape and <br /> orientation with respect to the lakeshore,and the setback from the lake of the adjacent <br /> homes create difficulties for the Owners in improving the property consistent with the <br /> homes in their 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 unique shape, shoreline orientation, and the • <br /> relationship between the existing home and the setback of the adjacent properties <br /> create difficulties for the 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 the average lakeshore setback <br /> variance is necessary for the preservation of the property right of the owners. <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 variance in this unique situation is not contrary to the intent of the zoning <br /> 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 variance is necessary, <br /> and does not merely serve as a 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 /> Public Comments <br /> Comments have been received from the affected neighbors on both sides which support the <br /> applicant's request. Comments are attached as Exhibit H. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the • <br />