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FILE#15-37,46 <br /> 9 June 2015 <br /> Page 3 M 4 <br /> sized home on the property. The new home will be set at a similar setback from the road as <br /> existing allowing for an open frant yard area. The proposed setback of 31.5 feet from the rear <br /> for the garage portion of the hame still affords adequate open space between the proposed <br /> home and the neighboring home to the east. <br /> Pertinent Authority <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> praposed va�iance 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 far variances ftom the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances <br /> unique to the indivldual property under consideration, and shall recammend appro�al only <br /> when it is demonstrated that such actions wiil be in keeping with ttte spirit and intent of the <br /> Orono Zoning Code. Economic considerations alone do not canstitute practical difficulties. <br /> Practical difficulties also include but are not limited to inadequate access to direct sunlight fot <br /> solar energy systems. Variances 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 cot�ncfl <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 MN �452.537 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. The applicant establishes that the�e are practical difficulties <br /> a. The property owner proposes tn use the property in a reasonable manner not <br /> permitted by tF�e official controls; <br /> b. There are circumstances unique to the property not created by the Eandowner; <br /> and <br /> c. The variance will not alter the essential character of the locality. <br /> Additionally 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 Iand in question are peculiar to such <br /> property or immediately adjoining property. <br /> 5. The conditions do not apply ger�erally to other land or 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 of 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 Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, <br /> and should be asked for additional testimany regarding the application. <br />