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FILE#17-3978 <br /> 10/16/17 <br /> Page 4 of 5 <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The plight of the property owner is due to the existing substandard lot size and <br /> shape,and its proximity to the lake. and <br /> c. The variance will not alter the essential character of the locality. The character <br /> of the neighborhood is not likely to be significantly altered from replacement of <br /> the residence which is consistent in character and size with the surrounding <br /> homes. <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 single family home is an allowed <br /> use in the 1.R-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 shape and size of the lot as well as its <br /> orientation along the curve of the lake and Shadywood Road create a unique <br /> circumstance which is peculiar 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 shape and size of the lot as well as its orientation along the <br /> curve of Shadywood Road and the lakeshore creates a unique circumstance which is <br /> peculiar 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 /> The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter. Granting of the <br /> requested variances would not impair health, safety, comfort or morals and would be <br /> in keeping with the intent of the zoning code. <br /> 11. 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 and shape of the Property; its <br /> position along Shadywood Road and the lakeshore, limits the access and safety for the <br /> homeowners;the variances are necessary and do not merely serve as a convenience to <br /> 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 />