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FILE # 16-3862 15 Sept 2016 Page 3 of 6 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 §462.537 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 proposed variance will be in harmony with the intent of the Zoning Code as the structure is existing. The two story addition will be conforming with respect to setbacks, and height. 2. The variance is consistent with the comprehensive plan. The variance resulting in a guest house to be constructed in the upper floor of the existing residential garage in a residential zone is 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 size of the garage was not the result of actions by the landowner. A guest house is permitted on residential properties which meet the size requirement. b. There are circumstances unique to the property not created by the landowner; The proposed guest house use of the existing detached garage will not alter the character of the neighborhood; and c. The variance will not alter the essential character of the locality. The property is 1.25 acres in area, the proposed guest house use within a second story addition to the existing detached garage will not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The garage, constructed in 1996 by a previous owner as a replacement to a then existing detached garage, is nonconforming with respect to size on this 1.25 acre property. The proposed guest house use and 2nd story addition will not increase the nonconformity (footprint size). 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is 1.25 acres, enough acreage to accommodate a guest house, however does not have adequate width to subdivide into two buildable lots. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has stated that this is so.