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� F(LE�16-3789 <br /> January 13,2016 <br /> Page 5 of 8 <br /> 2. 'ihat if the accessory struc�ure is nonconforming onl� with respect to <br /> subs�aradard lot area or �vidth for the distr€c� in ��rhich it is located, the <br /> expansior� shall meet ail height, se•�back, hard�o►rer anc lot coverage <br /> requirements o�the distrie:in wtiicn it is loca�ed. <br /> 3. T7�a� in cases wh�re an ascessor+;+ struc:ure enc:oac:��s spon ti�e lot li:�e <br /> setback,�e ci�t�will re�quirQ ac a mia��mur�xhat�he ex?s�i:ig accessory structur� <br /> shal: be modifia� so ti�at it b�comes complet�ly confiorrning +rritt� respect to <br /> s�tbacks. <br /> Go�.�erning RQgula�ions:�lar9ance;Sec. i'8-1ti3j. <br /> !n 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 antfclpated <br /> tra�c condifions, !lght and air, danger of fire, risk to rhe public safety, and ihe effect an va/ues of <br /> property in the surrounding are�. The Planninq Commission shal! consider recommending <br /> approva/for variances from the litera/provislons of the Ioning Cade in lnstances where their strict <br /> enforcement would cause practico!difficuJties because of circumstances unique to the individua! <br /> property under consideration, and shall recommend approva!on/y when it is demonstrated that <br /> such actions wil! be in keeping wirh the spirit and intent of the Orono Zoning Code. Economic <br /> considerations alone do not constitute practical difficulties. Practical difficulties also include but <br /> are not limited to inadequate access to direct suniight for solar energy systems. Variances shall <br /> be granted for eanh-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in <br /> harmony with this chapter. The baard or the council may not permit as a va�iance any use that is <br /> not permitted under this chapter for property in the zone where the affected person's land is <br /> lacated. The board or council may permit as a variance the temporary use of a one-family <br /> dweiling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2� variances shall only be permitted when (staff commentary <br /> in bold type): <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Detached garages and other accessory buildings are a common amenity associated <br /> with residences and are allowed accessory structures wEthin the LR-1A zoning district. <br /> However, the intent of the location and slze restrirtions of the Ordinance is in part to <br /> regulate the de�elopment density and eliminate a crowded visual feeling within rurai <br /> neighborhoods. Planning Commission must determine whether the variances if <br /> granted would meet this irrtent. <br /> 2. The variance is consistent with the comprehensive plan. The propased structure is <br /> associated with residential use which is consistent with the comprehensive plan <br /> guiding of this and surrounding properties for residential use. <br /> 3. The appiicant establishes that there are practica!difficulties <br /> a. The property owner proposes to use the praperty in a reasonable manner not <br /> permitted by the oificial controls; The praperty �wner ts proposing to use the <br /> property in a reasonable manner but the specific locatian and size aspects of <br /> the request are not permttted by the 2oning Code. <br /> b. There are circumstances unique to the property not created by the landowner. <br /> The plight of the property owner is in part due to the existing non-canforming <br /> location of the accessory building, which has been in this location and size for <br /> many years prior to their ownership;and <br />