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FI LE #16-3872 12 Oct 16 Page 3 of 4 to the individual property under consideration, and shall recommend approval only when it is 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. 2, 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 .537 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 variance will be in harmony with the intent of the Zoning Code as the proposed structure will be screened from view from off the property by the topography and vegetation that exists between the proposed structure, the neighbors, and Brown Road. 2. The variance is consistent with the comprehensive plan . The accessory building is residential in nature; and the variance would allow for the accessory building to be located in a screened portion of the property. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a rea sonable manner not permitted by the official controls; The location of the home is towards the very rear of the property; an accessory building cannot feasibly be constructed to meet the front setback. Construction of an accessory building in the proposed location is consistent with OAS setbacks and is reasonable on this rural 2.5 acre residential property. b. There are circumstances unique to the property not created by the landowner; The existing home on the property is approximately 220 feet from the front lot line and ±50 feet from the rear lot line. Additionally, the location of the septic sites and wetland on the property further restrict options. There are no conforming locations to construct the accessory building; and c. The variance will not alter the essential character of the locality. The accessory building will not be visually obtrusive when viewed from off of the property. It will appear as a barn, a typical rural residential structure, when viewed off site. This condition is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to su ch property or immediately adjoining property. The location of the home on the property does not leave a conforming space to construct an accessory building. Additionally, the location of the septic sites and wetland on the property further restrict options. There are no conforming locations to construct the accessory building on the site. The building may only be partially visible from the western neighbor. 5. The conditions do not apply generally to other land or structures in the district in which the land is located . The location of the home, septic sites, and wetland create a unique situation on the property. 6. The granting of the applicat ion is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property is permitted accessory