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FILE#17-3972 <br /> October 16,2017 <br /> Page 3 of 5 <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 /> applicant is proposing to construct a new detached garage on a residential property <br /> which is consistent with the intent of the ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The variances resulting in a <br /> permit a new detached accessory structure in a residential zone are consistent with the <br /> Comprehensive Plan. The proposed structural increase is inconsistent with the City's <br /> goals. <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 a new detached garage <br /> within the 15' rear and side setback seem reasonable as the existing garage <br /> currently occupies this space, therefore the adjacent properties may not be <br /> adversely impacted. The hardcover is also being proposed to remain as the <br /> same amount as existing, it seems reasonable to allow this request. The <br /> structural coverage increase resulting from the proposed larger garage creates <br /> a new encroachment. The Planning Commission should determine if practical <br /> difficulties have been satisfied. Practical difficulties for this request have not <br /> been submitted or demonstrated to justify the variance. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The location of the garage and hardcover amount were preexisting and not <br /> created by the homeowner. <br /> c. The variance will not alter the essential character of the locality. The requested <br /> variances have the same setbacks and the same hardcover percentage for this <br /> lot. The requested variance will increase the structural coverage on the lot. It <br /> seems unlikely that the character of the locality will be impacted by the larger <br /> structure on the property. <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 sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located. This condition is not applicable, as the use for a detached accessory structure <br /> for a garage is an allowed use in the LR-1C District. <br />