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2. The plight of the land owner is due to circumstances unique to the property not created <br />by the landowner; <br />3. The variance will maintain the essential character of the locality. <br />2. Practical difficulties include, but are not limited to, inadequate access to direct sun light <br />for solar energy systems. <br />3. Economic considerations alone shall not constitute a sufficient basis for a Variance if <br />reasonable use for the property exists under the regulation. <br />4. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes <br />216C, Subd. 14, when in harmony with this ordinance. <br />5. The City Council may impose conditions in the granting of a variance. Such conditions <br />must be directly related to and bear a rough proportionality to the impact created by the <br />variance. <br />The applicant is seeking variances for the Front and Rear Yard Setbacks of the townhome units. <br />Due to the placement of the townhomes, not all townhomes will require this exception as shown <br />on the Final Plat, this is intended as a not to exceed setback limit. The City Council requested <br />that the site plan show a gradual placement of units to achieve a lower density towards the <br />southern end of the development and increase density as the development moves to the north end <br />of the development. In order to achieve this goal, the applicant requires smaller front and rear <br />yard setbacks in certain areas to be able to place the townhomes appropriately. The front yard <br />setback variance request is from 25 feet to 20 feet in some places. The rear yard setback <br />variance request is from 30 feet to 20 feet in some places. <br />City staff does not find this proposal to be detrimental to the public health, welfare, or injurious <br />to other property in the territory in which the property is situated as this development is internal <br />to itself and all units will be affected by this change. This does not impact adjacent properties. <br />In addition, under Minnesota law, we find that practical difficulty has been met, meaning (1) the <br />property owner proposes to use the property in a reasonable manner permitted by the ordinance,