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LA20-000056 September 21, 2020 Page 2 of 4 Section 78-1700 - Hardcover Calculations: The proposed is currently at 24.99% hardcover and has no proposed changes with this project. Applicable Regulations: 78-350 (Side yard Setback) The LR-1C has a 10’ side yard setback. It allow for a smaller 7.5’ setback for narrow substandard lots. This property has a 7.5’ side yard setback. The property has an accessory building which sits 2’ from the north side property line. The applicant is proposing to increase the roofline creating additional massing and a new encroachment into the side yard setback. 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 §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Due to the scope the proposed variances are not in harmony with the purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. The proposed expansions for the accessory building are not consistent with 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 expansion is on an existing accessory structure which currently sits 2’ from the property line where 7.5’ is required is considered an new encroachment. The property has reasonable use with the existing home and accessory building. This is not met. b. There are circumstances unique to the property not created by the landowner; and The applicant stated that due to the original placement of the building limits any possibility to roof line improvements. The current structure is in disarray and making the proposed changes will improve the neighborhood. Staff finds the current existing accessory building is nonconforming and can be maintained. The proposed encroachment for a new roofline is created by the landowner. c. The variance will not alter the essential character of the locality. The applicant states the variance will enhance the character of the area.