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File#16-3808 <br /> 14 Mar 16 <br /> Page 3 of 5 <br /> conform to#1 and #4 above. Therefore, a lot area variance is required in order to redevelop the <br /> property. <br /> Rear Setback Variance (Section 78-350) <br /> The property is located at the junction of Casco Point Road and Casco Avenue, as it angles <br /> around the property to the south east. The proposed orientation of the home fronting on the <br /> northwest frontage of Casco Avenue keeps the proposed home in line with the neighboring <br /> homes to the north. The setback to the rear of the lot (northeast lot line) is proposed at 10.2 <br /> feet. This is consistent with the required side yard setback from the property line on the <br /> adjacent lot and allows a more functional "back yard" space behind the home to the east <br /> consistent with the surrounding properties. The applicant has proposed 30 foot setback from <br /> both street frontages; the home is situated to meet the front setback on the south and exceeds <br /> the 15 foot side street requirement on the northwest street frontage. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing applications for variance, the Planning Commission sha/l consider the effect of the <br /> proposed variance upon the hea/th, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on va/ues of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. § 216C.06, <br /> subd. 2, when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family 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.The lot <br /> area variance requested is consistent with the general intent of the Ordinance. The <br /> requested rear yard setback variance is in harmony with the Ordinance and will result <br /> in a consistent development pattern between the subject lot and the abutting <br /> neighbors. <br /> 2. The variance is consistent with the comprehensive plan. The variances resulting in a <br /> permit for construction of a single family residence on the Property in a residential zone <br /> are 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; The request to permit construction on a <br /> substandard property with portions of the proposed home to be located within <br /> the rear yard setback, yet maintaining a consistent 10' side yard separation, <br /> appears to be reasonable. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The sub-standard size of the property is not the result of actions by the <br />