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FILE#17-3916 <br /> 20 March 2017 <br /> Page 3 of 5 <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 width variance requested is consistent with the general intent of the Ordinance. <br /> The requested average lakeshore setback variance is in harmony with the Ordinance <br /> as the most adjacent neighbor sits at a higher elevation and their lake views will not <br /> be impacted by the new home. <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 <br /> portions of the proposed home lakeward of the average lakeshore setback <br /> appears to be reasonable as the owners of the adjacent properties have stated <br /> that they are not adversely impacted;the mature vegetation and topography <br /> separate the 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 Property was not the result of actions by the <br /> landowner.The neighboring home to the north is set back further from the <br /> lake than most of the surrounding homes resulting in the severe average <br /> lakeshore setback applied to the Property;and <br /> c. The variance will not alter the essential character of the locality. The lot width <br /> variance will not alter the character of the neighborhood. It does not appear <br /> that the requested average lakeshore setback variance to permit portions of <br /> the new home and elevated terrace will adversely impact views of the lake <br /> currently enjoyed by the adjacent property owners. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct <br /> sunlight for solar energy systems.Variances shall be granted for earth-sheltered <br />