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� #16-3618 <br /> 13 April 2016 <br /> Page 3 of 5 <br /> close as 76-feet to the OHWL. The reconstruction of the cabin did not include an expansion lakeward <br /> into the 75-foot setback to utilize the existing 3'x3' footings on the north side. The applicant proposes to <br /> construct a screen porch to extend lakeward and sit on the 3'x3' footings which extend between 2' to 5' <br /> lakeward of the 75-foot line. <br /> Hardcover Variance (Section 78-1680) <br /> The majority of the improvements on the property are at least 75 feet from the OHWL with the exception <br /> of a canopy at the lake; stone and boulder retaining walls; and two sets of stone stairs. The addition to <br /> the cabin will result in an increase of 48 square feet of hardcover within the 0-75' zone. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed <br /> variance upon the health, safety and welfare of the community, existing and anticipated traffic <br /> conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the <br /> surrounding area. The Planning Commission shall consider recommending approval for variances from the <br /> lireral provisions of the Zoning Code in insrances where their strict enforcement would cause practical <br /> difficulties because of circumstances unique ro the individual property under consideration, and shall <br /> recommend approval only when ir is demonstrated that such actions will be in keeping with the spirit and <br /> intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. <br /> Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar <br /> energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br /> 216C.06, 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 affected <br /> person's land is 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 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 variances <br /> are minimal and generally consistent with the intent of the ordinance. <br /> 2. The variance is consistent with the comprehensive ptan. The requested variances are consistent <br /> with the residential goals within 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 permitted <br /> by the official controls;The construction of the detached garage in the proposed <br /> location and additions to the cabin are reasonable on this wooded, 2+acre residential <br /> property. <br /> b. There are circumstances unique to the property not created by the landowner; The <br /> property's situation at the point of the island;the separation between the subject <br /> cabin and the neighboring cabins;the existing tree stands combined with the elevation <br /> and setback of the existing cabin on the property in relation to the lake result in a <br /> unique circumstance allowing for a the detached garage and cabin additions to be <br /> almost completely screened from views off the property; and <br /> c. The variance will not alter the essential character of the locality. The garage and cabin <br /> additions will be screened adequately year-round,will be keeping with the style of the <br /> cabin,and will screened from views from off of the property. This condition is met. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be granted as <br /> follows: <br />