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#�15-3781 <br /> 15 July 2015 <br /> Page 3 of 4 <br /> relatively levef yard area. Additionally,the addition will encroach 8 feet into the bluff impact <br /> zone which is intended to be a protected area where no structures or hardcover is permitted. <br /> Go�erning Regulatlon:yzrizn�(5er�ion'tt-��.�:;� <br /> !n reviewing applications for variance, the Planning Commission sha!!consider the effect of the <br /> proposed variance upon the health,safety and welfare of the community, existing and <br /> anticipated traffic conditions, 11ght and air, donger of�re,risk ta the public safety, and the effect <br /> on values of property in the surrounding area. The P1onning Commission sho!!consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcemenr would cause practica/di�culties because of circurnstances unique <br /> to the individuol property under consideration, and shall recommend approval only when ifi is <br /> demonstrated rhat such actions wil!be in keepir►g with the spirit and intenr of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties, Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for sola�energy systems. <br /> Variances shall be granted for earth-sheltered construction as deflned in Minn.Stat. §216C.06, <br /> subd. 2,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a twa-famiiy dwelling. <br /> According ta MN §462.537 Subd. 6(2)varfances 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 difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls;The applicanYs request to construct a 17'x <br /> 12'addition to the home Is reasonable. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> Much of the applicanYs property is encumbered by a bluff;the applicant's <br /> existing home is situatet!within the required 30 foot bluff setback;and <br /> c. The variance will not alter the essential character of the locality. The addition <br /> proposed is minimal and does not propose to extend more lakeward or <br /> further lnto the btufF than the existing cieck. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Tiie special conditions applying ta the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The applicant's property is unique tn that <br /> the exlsting home is situated on a narrow partion of the property between an <br /> elevated County road and a bluff. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is lacated.The orientation of the appllcanYs property on the steep slope and <br /> beneath a busy County road is relatively unique. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The appficant has stated that the proposed <br /> modifications to the home whlch was constructed in the 1960s to accommodate thei� <br /> living and storage needs are necessary. <br /> 7. The granting of the propased variance wilt not in any way impair health,safety,comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter.Staff <br /> believes this crlterla to be met. <br />