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LA18-000098 <br /> January 22,2019 <br /> Page 2 of 4 <br /> Applicable Regulations: <br /> Variance (78-1440 b.) <br /> (b) Within the RR-1A and RR-1B districts, an accessory building less than 1,000 square feet <br /> may be located streetward of the principal building provided the following condition are met: <br /> a. Principal building setbacks shall be met;and <br /> b. The accessory building shall be consistent in design, color and exterior material with <br /> the principal building. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, <br /> subd. 2,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. A <br /> detached garage as an accessory use to a single family home is in harmony in the RR-1A <br /> district. <br /> 2. The variance is consistent with the comprehensive plan. A detached garage as an <br /> accessory building in a single family zone is consistent 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 use of the property for the single family <br /> home with a detached garage is reasonable for the RR-1A district. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The applicant has stated this to be true due to the existing structures on the lot <br /> and the unique topography located in the front yard of the property. and <br /> c. The variance will not alter the essential character of the locality. The applicant <br /> has stated the proposed location would be placed behind existing mature trees <br /> and outside of existing challenging topography limiting the need to excessive <br /> grading. The property is located at the end of a dead-end road limiting its <br /> visibility in the neighborhood. <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 />