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FILE #LA23-000024 20 June 2023 Page 3 of 4 harmony with the ordinance. 2. The variance is consistent with the comprehensive plan. The scale and type of variance proposed to construct a garage addition within the front setback does not impact adjacent properties, will be screened by vegetation, and is 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 request to permit a small, approximately 21 square foot portion of the garage addition within the required front setback appears to be reasonable as the property’s reduced buildable area and orientation with respect to the roadways creates difficulties. b. There are circumstances unique to the property not created by the landowner; The home’s location and orientation with respect to the wetland, Brown and Fox Run Roads are not the result of the homeowner’s actions; and c. The variance will not alter the essential character of the locality. The home addition with a 46-foot setback from the Brown Road property line will be screened by existing vegetation. The project will not alter the character of the area. 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 residential building improvements are allowed in the RR-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 buildable area, wetland impacts, septic system location, and existing conditions create difficulties which are particular to the property. The proposed setback is not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. While many of the adjacent properties on Fox Run Road are similarly sized, the property’s substandard buildable area, wetland impacts, orientation as a corner lot, septic system location, and existing conditions create difficulties which are particular to the property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds that granting the requested variance preserves a substantial property right of the homeowners. 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. Staff finds this criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting the requested variance will