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. FILE#16�3801 <br /> January 11,2016 <br /> Page 3 of 5 <br /> CCN2.•����i�hC'�JIc.'.�Cr3:�8."�n�.C�;�C.?�l-J r�j. <br /> In revlewing applications for varlance, the Planning Commission shall consider rhe effect of the <br /> proposed variance upon the i►ealth,safety and welfare of the community, existing and antrcipated <br /> tr�c conditions, light or►d air, danger of fire, risk to the public safety, and the effect on values of <br /> property in the surrounding area. The Planning Commission shall consider recomme»ding <br /> approval f�r variances from the literal provisions of the Zoning Code in instances where iheir strict <br /> enforcement would cause practical di�culties because of clrcumstances unique to the individual <br /> property under consideration, and shal!recommend approva! only when it is demonstrated that <br /> such actions wi!! be in keeping with rhe spirit and intent of the Orono Zaning Code. Economic <br /> considerations alone do not constitute practical difficulties. Practical dif�culties a[so include but <br /> are not limited to inadequate access to direct sunlight for solar energy systems. Variances shali <br /> be granted for earth-sheltered construction as defined in Minn. Stat.§216C.06, subd.2, when in <br /> harmony with this cfiapter. The board or the councii may not permit as a variance any use that is <br /> not permitted under this chapter for praperty in the zone where the affected person's land is <br /> located. The board or council may permit as a variance the temporary use of a one-famiiy <br /> dwelling as a two-fami{y dwelling. <br /> According to MN §462.537 Subd.fi(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Detached garages are a common amentty assoclated wlth resldences and are an <br /> allowed accessory structure within the LR-iC zoning district. <br /> 2. The variance is consistent with the comprehensive plan. The garage ls assoclated wtth <br /> residential use which is consistent with the comprehenslve plan guiding of this and <br /> 5urround{ng properties for resldenttal use. <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 cont�ols; The property owner is proposing to use the <br /> property in a reasonable manner but the specific locationaf aspects of the <br /> request are not permitted by the Zoning Code. <br /> b. There are circumstances unique to the property not created by the landowner. <br /> The plEght of the property owner Is due to having a fiouse with an extremely <br /> small and oddly-shaped lot; the landowner did not create the small lot <br /> situation. and <br /> c. The variance will not alter the essential character of the locaiity. Constructing a <br /> detached garage as proposed is not anticipated to alter the character of the <br /> neighbarhood. <br /> Additionally City Code 78-123 provides additionaf parameters within which a variance may be <br /> granted as fallows: <br /> 4. The special conditions applying to the structure or iand in question are peculiar to such <br /> property or immediately adjoining property. The cortdrtion of havinga detached garage <br /> on small rectangular lots in the Navarre area ts common; the triangular shape of this <br /> lot is very uncomman and preser�ts a unfque set of condittons for development of the <br /> site. <br /> 5. The conditians do nat apply generally to other land or structures in the distrid in which <br /> the land is located. The triangular shape of the property is not common in the Navarre <br /> area nor in Orono generally, and therefore the condltlons tmposed by the City <br /> ordinances are difficult to meet. <br />