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15-3733 <br /> 9 June 2015 <br /> Page 3 of 4 <br /> enforcement would cause practical difficulties because of circumstances unique to the individual <br /> property under conside�ation, and shall recommend approvaf only when it is demonstrated that <br /> such actiohs will be in keeping witt� 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. 2, when in <br /> harmony with this chapter. The board or the council may nat 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 dwetling <br /> as a two-family dwelling. <br /> According to MN §462.537 Subd. fi(2}variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan. <br /> 3. The applicant establishes that there are practical difflculties <br /> a. The property owner �roposes to use the property in a reasanable manner not <br /> permitted by the official controls; <br /> b. There are circumstances unique to the property not created by the landowner, and <br /> c. The variance wi�l not alter the essentia! character of the locality. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as fo�lows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. <br /> 5. The conditions do not apply generalfy to other land or structures in the district in which the <br /> land is located. <br /> 6. The granting of the application is necessary for the preservation ar�d enjoyment of a <br /> substantial property right of the applicant. <br /> 7. The granting of the proposed variance will not in any way impair health, safety, comfort ar <br /> morals,or in a ny other respect be contrary to the intent of this chapter. <br /> 8. The granting of such va�iance will not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate demonstrable difficulty. <br /> Practtcal Difficufties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit 8, and <br /> should be asked for additional testimany regarding the application. <br /> Practical Difflcultles Analysis <br /> The existing home is currently conforming. There are alte�nate locations on tt�e property to <br /> construct a conforming detached garage or additional attached garage and living space. The <br /> Wymans (the property owners) met with the owners on the east side (Brook and Quinn� to discuss <br /> potential impacts and mitigatian of impacts resulting from the proposed addition. The currently <br /> proposed plan is the result of modifications made to address the neighbors' concerns. Brook and <br /> Quinn have submitted written comments relating to the request which stresses the need for a <br /> landscape plan to provide privacy and screening. <br /> Staff finds that although the visual impacts of the addition can be mitigated for adjacent properties, <br /> the setback variance would serve merely as a convenience to the owners as ti�ere are satisfactory <br />