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� FILE#16-3861 <br /> September 14,2016 <br /> Page 3 of 6 <br /> (a) Maximum total footprints allowed. <br /> (1) On lots equal to or greater than 10,000 square feet in area, the total <br /> combined footprints of all principal and accessory structures shall not <br /> exceed 15 percent of the gross lot area. <br /> 78-1700: Hardcover- tier regulations. <br /> Per the official stormwater quality overlay district map, each property in the stormwater <br /> quality protection overlay district is assigned to a protection tier based on its relative <br /> distance to receiving waters. This protection tier dictates the specific protection measures <br /> that must be implemented. <br /> (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. <br /> Governing Regulations: Variance (Sec. 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 anticipated <br /> traff c conditions, light and air, danger of ftre, risk to the public safety, and the effect on values of <br /> property in the surrounding area. The Planning Commission shall consider recommending <br /> approval for variances from the literal provisions of the Zoning Code in instances where their <br /> strict enforcement would cause practical d�culties because of circumstances unique to the <br /> 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 variance <br /> any use that is not permitted under this chapter for property in the zone where the affected person's <br /> 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 (staff <br /> commentary in bold type): <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Single family homes and the associated amenities are permitted uses in the LR- <br /> 1C district. The area, width, lot coverage and hardcover variances if granted <br /> would allow construction of a single family home on the property. <br /> 2. The variance is consistent with the comprehensive plan. The proposed new <br /> residence structure is consistent with the comprehensive plan guiding of this and <br /> surrounding properties for residential 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 controls. The property owner is proposing to use the <br /> property in a reasonable manner but the specific size aspects of the request <br /> are not permitted by the Zoning Code. <br /> b. There are circumstances unique to the property not created by the landowner. <br /> With respect to lot area and width, the substandard lot in single separate <br /> ownership is a circumstance inherent to the lot and not created by the <br /> landowner. A single family residence currently exists on the property. The <br />