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LA22-000045 September 19, 2022 Page 3 of 5 demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. 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. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one‐family dwelling as a two‐family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in its small size and width, and challenged by Elmwood Road which runs through the property. 2. The variance is consistent with the comprehensive plan. The proposed variances to use the property for a single family dwelling with an attached garage and a deck are consistent with the comprehensive plan. 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 proposed project for a garage and deck addition on a substandard lot within the street and side yard setback appears to be reasonable due to the existing conditions of the home and the limited building envelope of the parcel. b. There are circumstances unique to the property not created by the landowner; The substandard lot area, width, location of the roadway bisecting the property within the LR‐1B zoning district prevent a residential footprint consistent with the district. The applicant has designed the proposed addition to use the limited building envelope available on the property. and c. The variance will not alter the essential character of the locality. The variance are requested in order to permit an addition to the existing home designed to fit the character of the neighborhood. The proposed project will improve the character of the area by removing an existing improvement from the roadway. 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 single family home with a garage 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 property’s substandard size and