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FILE #LA23-000017 April 17, 2023 Page 4 of 5 width of the driveway do not meet code requirements. The applicant has demonstrated practical difficulties in the steep topography, substandard lot size and placement of existing improvements on the lot. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The topographical challenges unique to the property were not created by the landowner; and c. The variance will not alter the essential character of the locality. The proposed variances will allow the construction of a new detached garage near the street. Many neighboring homes have garages along the street and some neighboring properties have garages with garage doors facing the road. The proposed placement of the detached garage 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 residential home 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 substandard size and width of the property along with the existing structures and topographical challenges are unique conditions to this specific property. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. While the surrounding properties are similar in size, the specific location of the existing structures on the property and the steep topographical changes are unique to the subject property. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The current property is served by a steep driveway that is especially unsafe in the winter months. Granting of the application is necessary. This criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances