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FILE#15-3772 <br /> August13,2015 <br /> Page 2 of 3 <br /> APPLJCABLE REGULATIONS <br /> yariance;Sec. 7�-�23). <br /> !n revlewJng oppllcatlons for variance, the Planning Commisslon shall conslder the effect of the <br /> proposed variance upon the heotih, safety and welfare of the communfty, exlsting and <br /> anticlpated ira�c conditions,light and alr,danger of jlre,rlsk to the publicsofety,and the effect <br /> on values of property i» the surrounding area. The Planninp CommJsslon shal/ consider <br /> recommendinQ approval of vurlances from the liteml provisions of!he Zoninp Code In lnsiances <br /> where their strict enforcement would cause practica! dlf�culiles because of urcumstances <br /> unlque ia ihe fndividual property under considerallon, and shal! recommend opprova/ only <br /> when it is demonstroted that such attions will be in keeping with the spirit and lntent of the <br /> Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. <br /> Practical difficuRies also include but are not limited to inadequate access to di�ect sunlight for <br /> solar energy systems. Variances shall 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#he council may <br /> no#permit as a variance any use that is not permitted under this chapter for property in the zone <br /> where the affected person's land is located. The board or council may permit as a variance the <br /> temporary use of a one-family dwelfing as a two-family dwelling. <br /> According to MN §46Z.537 Subd. 6{2)variances shall only be permitted when: <br /> 1. "fhe 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; <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 /> AdditionalEy City Code 78-123 provides additional parameters within which a variance may be <br /> granted as folfows: <br /> 1. <br /> 4. The specia! conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. <br /> S. The conditians do not apply generaily to other land or structures in the district 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 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 /> 8. The granting of such variance will not merely serve as a con�enience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. <br /> (b)The board or council may impose conditlons in granting of variances.Any canditions <br /> imposed must be directly related to and must bear a rough proportionality to the impact <br /> created by the variance. No variance shall be granted or changed beyond the use permitted in <br /> this chapter in the district where such land is I�cated, <br />