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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s� NO. 6997 G tgkESHG4� 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. To allow hardcover to exceed 25% to 34.43% 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and 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. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. A single family home in the LRAB following the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The requested variances are in line with the residential goals within the comprehensive plan. 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 applicant is proposing to create a more conforming structure with the proposed addition. The proposed garage addition by maintaining the same level of hardcover is reasonable for the substandard property. b. There are circumstances unique to the property not created by the landowner; The lot area, lot width, the existing garage proximity, and orientation to the property line are special conditions unique to the Property. The location of the existing garage does not conform to current setback requirements. The new proposed garage structure will conform to current setback requirements. Additionally, the new proposed site plan will reduce the total existing hardcover, and c. The variance will not alter the essential character of the locality. The decrease of hardcover, though above allowable limits, appears generally consistent with neighboring properties. 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 2