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FILE#15�744 <br /> 10 Ju�e 2015 <br /> Page 3 of 4 <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practica) difficulties because of circumstances <br /> unique to the individual property under consideration, and shall recommend approval only <br /> wfien it is demonstrated that such actions will be in keeping with the spirit and intent of the <br /> �rono 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. Va�iances shall be granted for earth-sheltered construction as defined in <br /> Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council <br /> rr�ay not permit as a variance any use that is not permitted under this chapter for property in the <br /> zone where the affected persfln's land is located.Tl�e board or council may permit as a variance <br /> the temporary use of a one-family dweNing as a two-family dweiling. <br /> According to MN §462.537 Subd.6{2)variances shaEl only be permitted when: <br /> 1. The variance is in harmony with the general intent and pur{�ose of the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties <br /> a. The property owner proposes to use the property in a reasonable manner nQt <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 Cade 78-123 provides additional parameters within which a variance may be <br /> granted as foilows: <br /> 4. The special conditions applying ta the structure or land in question are peculiar to such <br /> property or immediately adjoining property. <br /> 5. The conditions do not apply generally to other land ar structures in the district in which <br /> the land is located. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right o#the applicant. <br /> 7. The granting of the proposed variance will nat in any way impair health, 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 Dlfficulttes Statement <br /> The applicant has completed the Practical Difficulties Documentation Form attached as Exhibit <br /> B, and should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> The existing home is a one-level rambler with a tuck-under garage and is situated as ckose as <br /> 13.5 feet from the front(Orano Orchard} and 22-to 26-feet from the side street(Woodhill Ave). <br /> The proposed two-story home will be set back further from both roadways than the existing <br /> hame on the praperty; the attached garage will front on Orono Orchard. Both streets have <br /> wider than normal boulevard areas which offer greater separation between the home and the <br /> traveled portion of the roadway which results in the appearance of a greater setback and mQre <br /> open space. The new home and driveway will most certainly result in remo�al of trees and <br />