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FILE#LA23-000017 <br /> April 17,2023 <br /> Page 4 of 5 <br /> width of the driveway do not meet code requirements.The applicant has demonstrated <br /> practical difficulties in the steep topography,substandard lot size and placement of <br /> existing improvements on the lot. This criterion is met. <br /> b. There are circumstances unique to the property not created by the landowner;The <br /> topographical challenges unique to the property were not created by the landowner; <br /> and <br /> c. The variance will not alter the essential character of the locality. The proposed variances <br /> will allow the construction of a new detached garage near the street. Many neighboring <br /> homes have garages along the street and some neighboring properties have garages <br /> with garage doors facing the road.The proposed placement of the detached garage will <br /> not alter the character of the locality.This criterion is met. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be granted as <br /> follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br /> 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 for <br /> solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br /> Minn. Stat. § 216C.06,subd. 17,when in harmony with Orono City Code Chapter 78.This <br /> condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under Orono <br /> City Code Chapter 78 for property in the zone where the affected person's land is located.This <br /> condition is not applicable, as a residential home is an allowed use in the LR-1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br /> 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 property <br /> or immediately adjoining property.The substandard size and width of the property along with <br /> the existing structures and topographical challenges are unique conditions to this specific <br /> property.This criterion is met. <br /> 9. The conditions do not apply generally to other land or structures in the district in which the land is <br /> located. While the surrounding properties are similar in size,the specific location of the existing <br /> structures on the property and the steep topographical changes are unique to the subject <br /> property.This criterion is met. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br /> property right of the applicant.The current property is served by a steep driveway that is <br /> especially unsafe in the winter months.Granting of the application is necessary.This criterion is <br /> met. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br /> or in any other respect be contrary to the intent of this chapter. Granting the requested variances <br />