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LA19-000038 <br /> June 17,2019 <br /> Page 2 of 4 <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 variance is in harmony with the purpose of the Ordinance. The existing <br /> conditions of the structure creates difficulties for conforming improvements to the <br /> home. <br /> 2. The variance is consistent with the comprehensive plan. The proposed variance to <br /> expand the structure on a nonconforming lot of record is consistent with the <br /> 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 /> additions to the home on the substandard lot, in the proposed location within <br /> the front yard setback,appears to be reasonable as the project will not change <br /> the current setbacks. The property's existing conditions due to the placement <br /> of the home creates difficulties. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the existing conditions due to the location of the home is unique and <br /> c. The variance will not alter the essential character of the locality. Few of other <br /> properties in the neighborhood have similar setback challenges, the subject <br /> property will not be out of character with the neighborhood. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located.This condition is not applicable, as the single family home is an allowed use in <br /> the RR-1A District. <br />