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. FILE�16.3799 <br /> February 11,2016 <br /> Page 3 cF 8 <br /> Revised Hardcover Calculations: <br /> Stormwater Total Area <br /> Overlay District ` in Tier Allawed Hardcover � Existing Hardcover Proposed Hardcover <br /> Tier <br /> Tier 2 56,846 s.f. 17,054 s.f. {30%) 8,615 s.f. (15.2%j 8,836 s.f. (15.5%) <br /> �C`4�:.i.-r;j?�btes2'�C:�s::'�-'�n��9�:�Af.ePr:i.?.`. <br /> !n reviewing applicatlons for varionce, the Planning Commission shall consider the eff'ect of the <br /> proposed variance upon the healrh,safety and welfare of the community, existing and arrticipated <br /> C�R�f lC COf!(ilLlO►75, lig�t and air, danger o�fire, risk to the public safety, and the effect on values of <br /> property !n the surrounding area. The Planning Commission shall cvnsider recommending <br /> approvat for variances from the lltera!provisions of the Zoning Code in rnstances where rheir strict <br /> enforcement would cause pra�ctrca!di�cultres because of circumstances unique to ihe i»dividual <br /> property under consideration, and shat! recommend approval only when it is demonstrated that <br /> such actions wi!! be in keepJng wJth the spirlr and intent of rhe Oro»o Zaning Code. Economic <br /> considerations alone do not constitute practical difficulties. Practical d�fficufties also tnclude but <br /> are not Ilmited to inadequate access to direct sunlight far solar energy systems. Variances shall <br /> be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2,when in <br /> harmony witF�this chapter. The board orthe council may not permit as a variance any use that is <br /> not permitted under this chapter for property in the zone where the affected persan's land is <br /> located. The board or council may permit as a variance the temporary use of a one-family <br /> dwelling as a two-family dwelling. <br /> According ta 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 amenfty associated <br /> wlth resldences and are alkowed accessory structures within the LR-1A zoning distrlct. <br /> However, the Intent of the locatfon and size restricttons of the Ordinance is in part to <br /> regutate the develapment density and eliminate a crowded visual feeling within rurai <br /> neighborhoods. Ptanning Carnmission must determine whether the varfances if <br /> granted would meet thls trrtent. <br /> 2. The variance is consistent with the comp�ehensive plan. The proposed structure is <br /> associated with residential use which is consistent with the comprehenshre p{an <br /> guiding of thls and surrounding properttes for resldential 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 officiat controls; The praperry owner is proposing to use the <br /> property in a reasonabte manner but the specific location and slze aspects of <br /> the request are not permitted by the Zoning Code. <br /> b. There are circumstances unique to the praperty not created by the landowner. <br /> The plight of the property owner is in part due to the existing non-conforming <br /> location of the accessory building, which has been in this location and size for <br /> many years prior to their ownership; and <br />