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FILE #LA23-000017 April 17, 2023 Page 3 of 5 to remain. The property also currently has a parking pad where the new garage is to be located. The current width of the driveways on the property are similar to what is being proposed. The applicant is required to obtain County approval for the proposed curb cut as Tonkawa Road is a County road. Hardcover Variance (Section 78-1700) The existing property is over the maximum hardcover of 25% per the Stormwater Overlay District. The current property is approximately 35% hardcover. The proposed project will remove portions of the existing driveway and the existing garage. The project will reduce the property’s overall hardcover to 32%, bringing it closer to conformance. 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. 14, 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. The variances for the construction of a new accessory building and driveway are supported by practical difficulties. The lot has significant topographical challenges that prevent the new garage to be placed further from the rear lot line. The proximity of the garage to the rear lot line also creates difficulties in adhering to driveway width requirements. The applicant is proposing to reduce the total hardcover on the site bringing it closer to conformance with the Ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances resulting in the construction of a new accessory building in a residential zone are consistent with the Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the land supporting their requests. The proposed project will also reduce the overall hardcover on the site which is consistent with the goals and intent of the Comprehensive Plan. This criterion is met. 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; Constructing a new accessory building to be used as a detached garage is a reasonable use of the property. The current garage is nonconforming and is served by a steep driveway. The new property owners would like demolish the existing garage and construct a new garage closer to the street while reducing the overall hardcover on the site. The proximity of the garage to the rear property line and the