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FILE#'15-3745 <br /> 15 June 2015 <br /> Page 3 of 4 <br /> south is 25 feet. The majority of the improvements are proposed on the south half of the <br /> 5tructure. <br /> The proposal will add another half story above the existing two story structure, converting the <br /> exis#ing shed roof with a gable. <br /> Side Yard Setback Variance <br /> The building is currently located 21.9 feet from the south property line. (The house on this lot is <br /> 5.3 feet from their north properly line). The proposed construction will not reduce the setback <br /> at grade, though a portion of the second floor and corresponding roof wfll be closer that it is <br /> currently. <br /> Pertinent Authoriiy <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and a9r, 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 /> �ecommending appraval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement wouEd cause practical difFiculties because of circumstances <br /> unique to the individual property under consideration, and shall recommend approval only <br /> when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br /> Orono Zoning Code. Ec�nomic considerations afone 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 de�ned in <br /> Minn. Stat. § 216C.06, subd. 2, when in harrnony 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 /> zone where the afFected person's land is located.The board or council may permit as a variance <br /> the temporary use of a one-family dwelling as a two-family dwelling. <br /> According to MIV§462.537 Subd. 6(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. 7he applicant establishes that there are practical difficulties <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official corotrols; <br /> b. There are circumstances unique to the property not created by the landowner; <br /> and <br /> c. The variance wiEl not alter the essential character of the locality. <br /> Additionalfy City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. The special conditions applying to the structure or lanc! in question are peculiar to such <br /> property or immediatety adjoining�property. <br /> 5. The conditions do not apply generalty to other land or structures in the district in which <br /> the fand is located. <br /> 6. The granting of the application is necessary for the preservation and enjoyment af 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 <br /> or morals, or in any other respect be contrary to the intent of this chapter. <br />