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� FILE#16-3874 <br /> October 13,2016 <br /> Page 3 of 7 <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. Econoinic 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,subd. <br /> 2, when in harmony with this chapter. The board or the council may not permit as a variance any <br /> use that is not permitted under this chapter for property in the zone where the affected person's land <br /> is located.The board or council may permit as a variance the temporary use of a one-family dwelling <br /> 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-1C <br /> district. The area and width variances if granted would allow construction of a <br /> single family home on the property. <br /> 2. The variance is consistent with the comprehensive plan. The proposed new residence <br /> 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 o��ner is proposing to use the <br /> property in a reasonable manner by constructing a modest size single family <br /> home with a minimally sized 2-stall garage, but the specific size and massing <br /> aspects of the request are not permitted by the Zoning Code. <br /> b. There are circumstances unique to the property not created by the landowner. With <br /> respect to lot area and width,the substandard lot in single separate ownership <br /> is a circumstance inherent to the lot and not created by the landowner. The <br /> lot is one of the smallest lakeshore lots in the neighborhood, due to the <br /> curvature of the lakeshore and the relatively straight nature of Shadywood <br /> Road. A smaller home meeting the lot coverage and hardcover standards <br /> could be designed for the property but might be slightly out of character with <br /> the surrounding neighborhood. The side setback variance is not justified <br /> based on the lot size. <br /> c. The variance will not alter the essential character of the locality. The character of <br /> the neighborhood is not likely to be significantly altered by construction of the <br /> proposed home. Structural lot coverage for homes in the immediate <br /> neighborhood ranges from approximately 14% to 28%, with a median and <br /> average of approximately 20%. There is a relatively equal split between the <br /> number of homes with attached garages and those with detached garages near <br /> the road. <br /> 4. Economic considerations alone do not constitute practical difficulties if reasonable use <br /> for the property exists under the terms of the Zoning Chapter. Economic <br /> considerations have not been a factor in the variance approval determination.The <br /> design of the proposed home is related to the need for functionality for the <br />