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LA19-000048 <br /> July 15,2018 <br /> Page 3 of 5 <br /> Variance (78-1700) <br /> Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. The applicant is <br /> still proposing the hardcover to exceed the allowed 25%, though hardcover is proposed to <br /> decrease from 30.5%to 29.1% (roughly 300 sq.ft. less). <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.The <br /> proposed variances are in harmony with the purpose of the Ordinance.The lot <br /> includes difficulties in its substandard size and width,and location of adjacent homes. <br /> 2. The variance is consistent with the comprehensive plan. The proposed variances to <br /> develop a nonconforming lot of record are 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 request to permit construction of the <br /> home on the substandard lot, exceeding 25% and average lakeshore setbacks, <br /> appears to be somewhat reasonable as the property's nonconforming size,the <br /> neighboring homes' orientation with respect to the lakeshore, and adjacent <br /> properties creates difficulties. The hardcover level decreases overall from <br /> existing levels and the home is set to meet all other setbacks. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The nonconforming lot size and the neighboring home locations prevent a <br /> residential footprint consistent with the neighborhood. The proposed overall <br /> hardcover level will decrease with the new proposed plan. The circumstances <br /> are unique to the property; and <br /> c. The variance will not alter the essential character of the locality. The variances <br /> are requested in order to permit construction of a home designed to fit the <br /> character of the neighborhood according to the submitted information. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br />