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FILE#15-3738 • 1 <br /> 14 M�y 2015 <br /> Page 4 of 5 <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending appro�a!for�ariances fram the literal provisions of the Zoning Cocte in instances <br /> where their strict enforcement would cause pradical difficulties because of circumstances <br /> unique to the indi�idual property under consideration, and shall recommend approval only <br /> when it is demon�trated that such actions will be in keeping with the spirit and intent of the <br /> Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. <br /> Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br /> solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br /> Minn. Stat. § 216C.06, subd. �, when in harmony with this chapter. The board or the council <br /> may not permit as a variance any use that is not permitted under this chapter for property in the <br /> zane where the affected person's land is located. The boarcf or council may permit as a variance <br /> the temporary use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the genera! intent and purpose of the Ordinance. <br /> 2. The variance is consistent with the camprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties <br /> a. The property owner proposes to use the properly in a reasonable manner not <br /> permitted by the official controls; <br /> b. There are circumstances unique to the property not created by the landowner; <br /> and <br /> c. The variance will not alter the essential character of the locality. <br /> Additionally City Code 78-123 provides additfonal parameters within which a variance may be <br /> granted as follows: <br /> 4. The special conditions appfying ta the structure or land in question are peculiar to such <br /> property or immediately adjoining property. <br /> 5. The canditions do nat apply generally to other land or structures in the district in which <br /> the land is located, <br /> 6. The granting of the applicatian is necessary for the preservation and enjoyment af a <br /> su6stantial property right of the applitant. <br /> 7. The granting of the proposed variance will not in any way 9mpair hea{th, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. <br /> 8. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties pocumentation Form attached as Exhibit B, <br /> and should be asked for additional testimony regarding the application. <br /> Practical Dlfficulties Analysls <br /> 5tafF finds that the location of the existing home which currently encroaches into the 10�foot <br /> setback makes it difficult to make modifications or additions to the lake side of the home. The <br /> property is large and wide;there is a 23 foot elevation difference between the lake level and the <br /> home which offers a feeling of spaciousness and screening from any visual impacts resulting <br /> #rom the location of the home. The existing home is one story and only one story additians are <br /> proposed. The applicant's proposal to modify the existing room on the west side of the home <br /> from an octagonal configuration to a more standard r�om with squared corners partially ahead <br /> of the average lakeshore setback results in no encroachment into the 100-foot setback; a <br /> portion of the existing odagon within the average iakeshore setback on the west side will be <br />