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FILE#17-3916 <br /> 20 March 2017 <br /> Page 4 of 5 <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 use for a replacement residence <br /> is an allowed use 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 conforming lot area,yet substandard <br /> lot width of the property is not uncommon in the surrounding neighborhood. The <br /> extreme setback of the northerly home is not in character with the immediate <br /> neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The majority of the homes both to the north and south of the <br /> Property are closer in proximity to the lake and are more consistently in line with each <br /> other.The home on the lot directly to the north is set back further than the other <br /> immediately adjacent homes. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The applicant states that the variance is <br /> necessary. <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 variances 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 of the Property;the <br /> topography and location of the adjacent home to the north create practical difficulties <br /> affecting the Property;the variances are necessary and not merely serve as a <br /> convenience to the owners. <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 property is 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 /> Practical Difficulties Analysis <br /> Staff finds that there are demonstrable practical difficulties supporting the lot area and lot width <br /> variance as well as the average lakeshore setback variance requests. <br />