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LA20-000056 <br /> September 21,2020 <br /> Page 2 of 4 <br /> Section 78-1700- Hardcover Calculations: The proposed is currently at 24.99% hardcover and <br /> has no proposed changes with this project. <br /> Applicable Regulations: <br /> 78-350 (Side yard Setback) <br /> The LR-1C has a 10' side yard setback. It allow for a smaller 7.5' setback for narrow substandard <br /> lots. This property has a 7.5' side yard setback. The property has an accessory building which <br /> sits 2'from the north side property line. The applicant is proposing to increase the roofline <br /> creating additional massing and a new encroachment into the side yard setback. <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 §462.357 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. Due to <br /> the scope the proposed variances are not in harmony with the purpose of the <br /> Ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The proposed expansions for <br /> the accessory building are not 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 expansion is on an existing accessory <br /> structure which currently sits 2'from the property line where 7.5' is required is <br /> considered an new encroachment. The property has reasonable use with the <br /> existing home and accessory building. This is not met. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> and The applicant stated that due to the original placement of the building <br /> limits any possibility to roof line improvements. The current structure is in <br /> disarray and making the proposed changes will improve the neighborhood. <br /> Staff finds the current existing accessory building is nonconforming and can be <br /> maintained. The proposed encroachment for a new roofline is created by the <br /> landowner. <br /> c. The variance will not alter the essential character of the locality. The applicant <br /> states the variance will enhance the character of the area. <br />