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FILE#17-3967 <br /> September 18,2017 <br /> Page 3 of 6 <br /> the height of the roof.The proposed screen porch and house foundation are within the same <br /> footprint as the existing home and deck. <br /> Please see the renderings attached as Exhibits D and E <br /> Side Yard Setback Variance (Sec. 78-330) <br /> The existing home sits 8.8 feet from the south side property line. The applicant is proposing a <br /> higher structure and the mass of the building will be greater within the setback creating a new <br /> encroachment by volume,which requires a side yard setback variance to allow. <br /> Crowding Principle Structure Variance (78-1439) <br /> No accessory building, unless an integral part of the principal building, shall be erected, <br /> altered or moved within ten feet of the principal building, nor within ten feet of another <br /> accessory building.The encroachment between the home and detached garage is existing. <br /> The applicant is proposing to maintain the existing distance between the principle building <br /> within the substandard setback for separation which would increase the mass and volume. <br /> The principle structure will not move closer to the accessory structure than the current <br /> separation setback. Combining the roof structure and constructing a 'watertight' linkage (i.e. <br /> breezeway) between the two buildings would negate the need for this variance. <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 lot <br /> width variance is consistent with the general intent of the Ordinance. The requested <br /> average lakeshore setback variance is in harmony with the Ordinance as there is <br /> currently a deck encroaching into the setback and by adding a roof and screen walls, <br /> the neighbors lake views should not be impacted by the expansion.The side setback <br /> variance requested for the home is reasonable considering the existing encroachment. <br /> The crowding principle structure setback is existing and is not proposed to encroach <br /> closer than existing to the accessory building. <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 />