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FILE#15-3748 <br /> 15 June 2015 <br /> Page 3 af 4 <br /> Hardcover Variance <br /> The existing improvements exceed allowable limits for both the structure and hardcover. The <br /> proposed impravements reduce the hardcover by over 350 s.f., and increase the structural <br /> coverage by a marginal amount. <br /> Side yard setbacks. <br /> Maintaining the required 30' sfde yard setbacks renders the property unbuifdable. The <br /> p�oposed improvements center the garage on the lot, and mflve the living portion of the house <br /> marginafly closer(2 inches)to the north neighbor. <br /> Pertlnent Authority <br /> fn 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 air, danger of fire, risk ta the public safety, and the effect <br /> on values of properry in the surrou�ding area. The Planning Commission shall consider <br /> recommending approval for varfances from 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 individual property under consideration, and shall recommend approval only <br /> when it is demonstrated that such actions will be in keeping wfth the spirit and intent af 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 shal! be granted for earth-sheltered construction as defined in <br /> Minn. Stat. § 216C.Ofi, subd. 2, when in harmony with this chapter. The board or the council <br /> may not permit as a variance any use that is not permftted under this chapter for property in the <br /> zone where the affected person's land is located.The board or council may peRnit 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 wlth 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 difFiculties <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; <br /> b. 7here are circumstances unique to the property not created by the landowner; <br /> and <br /> c. The variance will not alter the essentiaf 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 land in question are peculiar to such <br /> property or immediatefy adjoining property. <br /> 5. The conditions do not apply generally to other land or structures in the distrfct in which <br /> the land is iocated. <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 wi!! 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 />