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FILE # 16-3864 13 Sept 2016 Page 3 of 7 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 by the topography and vegetation that exists between the proposed structure and Willow Drive. 2. The variance is consistent with the comprehensive plan. The variance would allow for the guest house to be located in the most screened portion of the property. 3. The applicant establishes that there are practical difficulties. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of a guest house, essentially a secondary and subordinate residence, in the proposed location is consistent with principal structure setbacks and is reasonable on this rural 4 acre residential property. There are circumstances unique to the property not created by the landowner; The property is undeveloped and can be built to conform. However, existing topography and property line tree stands a conforming development would impact the existing topography and vegetation in a negative way. The characteristics of the property result in a unique circumstance allowing for the 1,450 square foot guest house to be almost completely screened from views off the property; and The variance will not alter the essential character of the locality. The guest house will not be visually obtrusive when viewed from off of the property. The guest house will appear as a typical 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 such property or immediately adjoining property. The property exceeds the minimum 4.0 acre requirement to permit a guest house and contains a perimeter of coniferous trees for screening from Willow Drive. The guest house will be situated behind the knoll on the property; the roof will be visible looking into the property approaching northbound on Willow Drive. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The property has just over 4.0 acres, enough acreage to accommodate a guest house, however does not have adequate width to subdivide into two buildable lots. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has stated that this is so.