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#16-3837 <br /> 13 June 2016 <br /> Page 3 of 5 <br /> restrictions of this chapter and the total square footage of hardcover does not exceed <br /> 25 percent of the entire lot area. <br /> 4. All other zoning district standards can be met. <br /> The applicant's request for side setback variances results in the property's inability to conform <br /> to#1 above.Therefore, lot area and width variances are required in order to redevelop the <br /> property. <br /> Governing Regulation:Variance (Section 78-123) <br /> In 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 <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values 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 <br /> lot area, lot width variances requested are consistent with the general intent of the <br /> Ordinance. There is adequate space for light air and open space between the <br /> proposed home and the 15 foot+setbacks requested.The variances are in harmony <br /> with the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan.The variances resulting in a <br /> permit for construction of a single family residence in a residential zone are consistent <br /> 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 of portions <br /> of the proposed home within the 30 foot side setback area appears to be <br /> reasonable as the owners of the adjacent properties do not appear to be <br /> adversely impacted; the mature vegetation and topography separate the <br /> subject property from the adjacent neighbors. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The sub-standard size of the subject property was not the result of actions by <br /> the landowner.The neighboring homes are set back sufficiently to allow for <br /> light, air, and open space between the homes; and <br /> c. The variance will not alter the essential character of the locality. The proposed <br /> home will not alter the character of the neighborhood.The existing home plus <br /> detached garage to be replaced with the new residence have a frontage width <br /> of approximately 52 feet.The structures on adjacent lots are set back 62 feet <br />