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