18-4000 Garcia (1335 Arbor St) Exhibit C PCSR

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18-4000 January 16, 2018 Page 3 of 5 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 applicant is proposing to construct a new single family home on a residential lot which is consistent with the intent of the ordinance. The lot width and lot area variances are consistent with the general intent of the Ordinance. The variances for a 40’ front, 7.5’ interior side, 8.5 street side setback and a 2,348 s.f. structural coverage request is reasonable considering the shape and buildable area of the property. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for a new single family residence in a residential zone are 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 applicant is proposing use of the property in a reasonable manner with the construction on a single family home. There is limited space to construct a conforming structure on the site. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing substandard lot size and shape, and its uniqueness being a lot abutting 3 streets. c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered from replacement of the residence which is consistent in character and size with the surrounding homes. d. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. 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 Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is