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FILE#17-3942 <br /> 19 June 2017 <br /> Page 4 of 5 <br /> 2. The variance is consistent with the comprehensive plan. The variances resulting in a <br /> permit for construction of a single family residence in a residential zone are consistent <br /> with the Comprehensive Plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The request to permit construction of the <br /> home on the foundation of the existing home within the side setback, front <br /> setback, and wetland setback, appears to be reasonable as the property's <br /> narrow width and depth(due to the wetland)creates a difficulty. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The sub-standard size of the Property was not the result of actions by the <br /> landowner. The location of the home and garage on the Property, the high <br /> water table, the narrowness and shallow depth of the buildable area of the <br /> property create difficulties for developing the Property;and <br /> c. The variance will not alter the essential character of the locality. The lot area <br /> and width variances will not alter the character of the neighborhood. It does <br /> not appear that the setback variances to permit the new home will adversely <br /> impact the adjacent property owners. <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-1C 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 wetland, high water table, the <br /> narrowness and shallow depth of the buildable area of the property create difficulties <br /> unique to the Property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The wetland,high water table,the narrowness and shallow depth of <br /> the buildable area of the property create difficulties unique to the Property. <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 condition to be true. <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 substandard area and width of the <br /> Property; its wetland and location of the existing home and garage create practical <br />