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FILE#17-3918 <br /> 17 April 2017 <br /> Page 5 of 9 <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. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 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 under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located.This condition is not applicable, as the use for a residence is an allowed use in <br /> the LR-1A District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> 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 substandard lot width of the Property <br /> is not uncommon in the surrounding neighborhood. The presence of the 1% annual <br /> chance floodplain on the property creates increased difficulties which drive the building <br /> pad location and improvements toward the lake. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The property to the east has a higher grade than the subject <br /> property.The two properties to the west have similar floodplain challenges. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Granting the requested variances will provide <br /> relief to the applicant regarding the lot size and floodplain on the property. <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,but <br /> is necessary to alleviate demonstrable difficulty. The size of the Property; the <br /> floodplain/topography create practical difficulties affecting the Property;the variances <br /> are necessary and not merely serve as a 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 /> Applicable Regulation:Conditional Use Permit(Section 78-916) <br /> The Planning Commission may recommend and the Council may grant a Conditional Use <br /> Permit(CUP)as the use permit was applied for or in modified form.On the basis of the <br /> application and the evidence submitted,the city must find that the proposed use at the <br /> proposed location is or will be: <br /> 1) Consistent with the community management plan; The bathroom within an accessory <br /> building and the proposed grading to elevate the home and portions of the property <br /> above the 1%annual chance floodplain is residential in nature,are both consistent <br />