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FILE#17-3912 <br /> 20 March 2017 <br /> Page 4 of 5 <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. It would appear <br /> the purpose for the subdivision exception request and resulting variance request are <br /> for the purpose of making Lot 3 more marketable.Therefore economic considerations <br /> are a factor in the variance request. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct <br /> sunlight for solar energy systems.Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. §216C.06,subd. 2,when in harmony with Orono <br /> City Code Chapter 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted <br /> under Orono City Code Chapter 78 for property in the zone where the affected person's <br /> land is located.This condition is not applicable,as the residential use is an allowed use <br /> in the LR-1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family <br /> dwelling as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The unique shape of the properties,the <br /> topography,and the channel-like nature of the shoreline create special conditions <br /> unique to the properties. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The lots are generally consistent with the neighboring properties <br /> with respect to size. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Staff finds this criterion to be met. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals,or in any other respect be contrary to the intent of this chapter.Granting the <br /> requested variance will not adversely impact health,safety,comfort,or morals; nor <br /> will it be contrary to the intent of the Code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty.The size,shape,and orientation of <br /> the properties create practical difficulties affecting the subject properties;a variance <br /> to permit the lot line to be adjusted is necessary to create two lakeshore lots where <br /> one lakeshore lot and one off-lake lot currently exist. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Septic System Status <br /> The properties are served by City sewer. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, <br /> and should be asked for additional testimony regarding the application. <br />