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FILE #17-3901 21 Feb 2017 Page 2 of 4 Applicable Regulations: Front Setback Variance (Section78-395) The existing home is set back 76.2 feet from the front lot line where a 100 -foot setback is required. The applicant wishes to construct a 2nd story on the home, requiring a variance. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance will be in harmony with the intent of the Zoning Code as the proposed improvement will not increase the footprint size, and will be partially screened from view by the vegetation that exists between the home and the street. 2. The variance is consistent with the comprehensive plan. The addition to the residence is consistent with the comprehensive plan. Although the front setback is substandard, the home is set back approximately 180 feet from the travelled portion of Sixth Avenue North and the addition will be partially screened by existing vegetation. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of an addition to the home, within the 100 foot front setback area appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from both roadways as well as adjacent neighbors. The setback encroachment will not create an unreasonable perception of additional massing b. There are circumstances unique to the property not created by the landowner; The location, size, and orientation of the home on the Property were not the result of actions by the Applicant. The neighboring home to the east is set back sufficiently to allow for light, air, and open space between the two homes; and c. The variance will not alter the essential character of the locality; The proposed addition to the home will not alter the character of the neighborhood. The existing home garage is set back 76 feet from the property line and approximately 180 feet from the paved roadway of Sixth Avenue. It does not