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FILE#15-3789 � . <br /> Odober 15,2015 <br /> Page 2 of 4 <br /> Hardcover Calculations: <br /> Stormwater Totai Area Allowed Existing <br /> Overlay District in Tier Hardcover Hardcover Proposed Hardcover i <br /> Tier <br /> Tier 1 13,954 s.f. 3,489 s.f. (25%} 2,832 s,f. (20.3%) 3,094 s.f. {22.2%) <br /> APPLICABLE REGULATIONS <br /> Nariance ZSec. 78-'��3). <br /> ln reviewing opplications for varlance,the Planning Commission shaq consider the effed of the <br /> proposed varlance upon the health, safety and welfare of the community, existing and <br /> anticipated tro�ic condltlons, Ifght and air, danger of f'rre, risk to the publlc safety, and the <br /> effect on values of property In the surrounding area. The Planning Commisslon shal!conslder <br /> recommendlnq approval for variances from the llterol provislons of the ZoninQ Cade In <br /> Instances where theJr strict enforcement woald caase practica! dlfficu/tres becaase of <br /> circumstances unique to the lnd/vidua/ property under considenation, and shall recommend <br /> approuoarl only when it is demonstrated that such actlons wi!!be in keeping with the splrh and <br /> lntent of the Orono Zoning Code. Economic considerations alone do not constitute practical <br /> difficulties. Practical difficulties also include but are not limited to inadequate access to direct <br /> sunfight for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn. Stat. § Z16C.06, subd. 2, when in harmony with this chapter. The board or the <br /> council may not permit as a variance any use that is not permitted under this chapter for <br /> property in the zone where the affected person's land is located. The board or council may <br /> permit as a variance the temporary use of a one-famiiy 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 with the general intent and purpose of the Ordinance. <br /> 2. The variance is consistent with the comprehensive pl�n. <br /> 3. The applicant establishes that there are practical difficulties <br /> a. The properly owner proposes to use the property fn 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 essentfal character of the locality. <br /> Additionally City Code 78-123 provides additional parameters wlthin which a variance may be <br /> granted as follows: <br /> 4. The special canditions applying to the s[ructure or land in question are peculiar to such <br /> property or immediately adjoining property. <br /> S. The canditions do not apply generally to other land or structures in the district in which <br /> the land is located. <br /> 6. The granting of the application is necessary far the preservation and enjoyment af a <br /> substantial property right of the applicant. <br /> 7. The granting of the praposed 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 convenience to the applicant, <br /> but is necessary to alleviate demonstrable difflculty. <br />