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FILE #LA23-000053 <br />October 16, 2023 <br />Page 2 of 4 <br /> <br /> <br />feet from the front property line and the new covered entry abutting the garage will be <br />approximately 82 feet from the front property line. The roof expansions require setback variances. <br /> <br />Side Yard Setback Variance (Section 78-395) <br />The existing home on the property is nonconforming as it relates to the side yard setback of 50 feet. <br />The existing home is 16.6 feet from the side property line at its closest point. The proposal includes <br />a roofed entry way on the rear of the home. The new roof is approximately 48 feet from the side <br />property line and thus requiring of a variance. The proposal does not protrude any closer to the side <br />property line than the existing home. <br /> <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 anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in instances where their strict <br />enforcement would cause practical difficulties because of circumstances unique to the individual <br />property under consideration, and shall recommend approval only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br />not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be <br />granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in <br />harmony with this chapter. The board or the council may not permit as a variance any use that is <br />not permitted under this chapter for property in the zone where the affected person's land is <br />located. The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling. <br /> <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. The <br />variances to construct a 43 square foot front porch and expand the roof over two other <br />entry ways is in harmony with the ordinance. The existing home is nonconforming as it <br />relates to front and side yard setbacks and the proposed expansions do not protrude any <br />closer to the property lines. The improvements are minimal and do not change the <br />character of the home. This criterion is met. <br />2. The variance is consistent with the comprehensive plan. The variances to permit a <br />reasonable front entry to the home and extend the roof over two other doors to the home <br />is reasonable and consistent with the comprehensive plan. This criterion is met. <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 owner’s request is reasonable and the <br />minimum necessary to achieve the goal of covering the entry ways. The proposal <br />does not extend any further towards the property lines and meets all other zoning <br />requirements; <br />b. There are circumstances unique to the property not created by the landowner; the <br />existing home on the property was constructed over 50 years ago and predates <br />the current zoning code. The homeowner is not responsible for the placement of <br />the existing home; and <br />c. The variance will not alter the essential character of the locality. The proposed