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7. "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." nfa 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The grading properties that create the practical difficulty are peculiar to this property. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." The grading properties that create the practical difficulty are peculiar to this ,:r;- 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Yes, without the granting of this variance, the difficulty of the grading and subsequent positioning of the buildings creates a condition that prevents the client from enjoying the property substantially different than for which is was purchased and is not due to anything the client created. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." The granting of the proposed variance will not in any way impair the above and in fact, is in line with other neighbors properties creating a context rural in nature and fitting to the property historically. 12. "The granting of such variance will not merely serve ati a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The grading of the property creates a practical difficulty that is illustrated by the submitted documents and as viewed on-site. The proposal to place the accessory structure closer to the road than the primary home is what is needed to allow the property to alleviate the difficulty. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): The architectural team, surveyor, owner and other consultants have studied this property and its characteristics. The applicant submits that the natural grading and soils creates a practical difficulty preventing the owner from using the property without the granting of this variance_ This property has yet to have any structure placed on it due to these challenges. This proposal aligns with the city of Orono's Philosophy as stated below: "Protect and preserve Lake Minnetonka, its water quality, and its recreational assets. Protect and preserve our many natural resources and open spaces. Preserve our distinct urban and rural land use patterns and lifestyles. Preserve our local character and identity." The proposal in this application would situate the accessory structure closer to the street than the primary single family residence. The proposed structure will have a rural aesthetic that fits well into the historical fabric of Orono. The position of the rural building would nod to the history of older properties where that was the case. There are examples of accessory buildings positioned closer to the street within a mile of this property. As submitted, the primary home is proposed 246' from the roadway lot line where the grading will accept a single family home. The accessory structure is proposed 253'f rom the roadway lot line. This distance is similar to many of the homes nearby. The grading is very steep on the southern part of the property. Any other locations proposed for the primary and accessory structure would have created unusual and severe modifications to the topography ruining the natural character of the property. KiECOVED Variance Application — May 2018 AUO 17-2016 Page 5 # 3864 CITY OF ORONO