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FILE#17-3965 <br /> Meeting Date 9/18/2017 <br /> Page 3 of 6 <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 the lake yard setback and hardcover variances result in the <br /> property's inability to conform to numbers 1,32,and 4 above. Therefore, lot area and width <br /> variances are also required in order to redevelop the 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 width and lot area variances requested are consistent with the general intent of <br /> the Ordinance. The lake yard setback variance for retaining walls within the 0-75 is <br /> reasonable and necessary to address support the permitted stairs which will be set <br /> into the grade. However the hardcover variance to allow excess of 25%coverage does <br /> not meet the general intent of 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 with lake access stairs in a <br /> residential zone are consistent 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 property owner is proposing to use the <br /> site in a reasonable manner by proposing to build a new home that results in <br /> less hardcover then what currently exists on the site.The property owners are <br /> working to use the site the way it was intended for single family use. <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 lake yard setback variance request to add retaining walls <br /> within the 0-75 should address the addition of the set-in-grade stairs which <br /> helps to speak to the owners' stated drainage and erosion issues from <br /> neighboring lots. The neighboring stormwater drainage encroachment is <br /> outside of the owner's control. The owners have not satisfactorily provided <br />