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FILE # 17-3972 October 16, 2017 Page 3 of 5 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 applicant is proposing to construct a new detached garage on a residential property which is consistent with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit a new detached accessory structure in a residential zone are consistent with the Comprehensive Plan. The proposed structural increase is inconsistent with the City's goals. 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 a new detached garage within the 15' rear and side setback seem reasonable as the existing garage currently occupies this space, therefore the adjacent properties may not be adversely impacted. The hardcover is also being proposed to remain as the same amount as existing, it seems reasonable to allow this request. The structural coverage increase resulting from the proposed larger garage creates a new encroachment. The Planning Commission should determine if practical difficulties have been satisfied. Practical difficulties for this request have not been submitted or demonstrated to justify the variance. b. There are circumstances unique to the property not created by the landowner; The location of the garage and hardcover amount were preexisting and not created by the homeowner. c. The variance will not alter the essential character of the locality. The requested variances have the same setbacks and the same hardcover percentage for this lot. The requested variance will increase the structural coverage on the lot. It seems unlikely that the character of the locality will be impacted by the larger structure on the property. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. 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 Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a detached accessory structure for a garage is an allowed use in the LR -1C District.