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Governing Regulations: Variance (Sec. 78-123). FILE #16-3845 July 13, 2016 Page 3 of 6 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 §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single- family homes are an allowed use within the RR-18 zoning district, and the proposed residence is a single family home on a small lot in a neighborhood of similarly sized lots with similar setbacks. 2. The variance is consistent with the comprehensive plan. The proposed house is a residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 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 property owner is proposing to use the property in a reasonable manner but the specific lot area, lot width and setback requirements of the Zoning Code result in the need for variances in order to build on the lot. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the lot having been created prior to establishment of zoning codes, and the application of area, width and setback standards more suited to 2-acre lots than the small lots in the Crystal Bay neighborhood; the landowner did not create the small lot situation. and c. The variance will not alter the essential character of the locality. Constructing a single family residence as proposed is not anticipated to alter the character of the neighborhood, since many homes in the neighborhood exist on similarly sized lots with similar setbacks. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. 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. This is not applicable to this application. 5. Economic considerations alone do not constitute practical difficulties. Economic considerations are not a factor in the variance request.