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FILE # 17-3980 20 Nov 2017 Page 2 of 4 Section 78-1700 -Hardcover Calculations: The property, including the 300 square foot shed, is well below the Tier 1, 25% hardcover allowance. Applicable Regulations: Building to Building Setback Variance (Section 78-570 & 78-1438) As constructed, the shed and the home under construction are separated by 6.7 feet where a 10 foot separation is required. 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 construction of the shed on a residential property is consistent with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The variance to permit the allowance of a detached building with less than a 10 foot separation from the home in a residential zone are consistent with the Comprehensive Plan. The mass and building crowding is inconsistent with the City's goals for preservation of open space. 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 the shed within the 10 foot separation between buildings appears to be reasonable as the size of the shed is only 300 square feet and the overall massing on the property is minimal. The adjacent properties will not be adversely impacted and the location of the shed is less visible from the lake. b. There are circumstances unique to the property not created by the landowner; The shed was constructed without a building permit, and could have been constructed in a conforming location; crowding the buildings on the property is not consistent with the comprehensive plan. This criterion is not met; and