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FILE#17-3980 <br /> 20 Nov 2017 <br /> Page 2 of 4 <br /> Section 78-1700-Hardcover Calculations: <br /> The property, including the 300 square foot shed, is well below the Tier 1, 25% hardcover <br /> allowance. <br /> Applicable Regulations: <br /> Building to Building Setback Variance(Section 78-570&78-1438) <br /> As constructed,the shed and the home under construction are separated by 6.7 feet where a 10 <br /> foot separation is required. <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 /> construction of the shed on a residential property is consistent with the intent of the <br /> ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The variance to permit the <br /> allowance of a detached building with less than a 10 foot separation from the home in <br /> a residential zone are consistent with the Comprehensive Plan.The mass and building <br /> crowding is inconsistent with the City's goals for preservation of open space. <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 the <br /> shed within the 10 foot separation between buildings appears to be reasonable <br /> as the size of the shed is only 300 square feet and the overall massing on the <br /> property is minimal.The adjacent properties will not be adversely impacted and <br /> the location of the shed is less visible from the lake. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The shed was constructed without a building permit, and could have been <br /> constructed in a conforming location;crowding the buildings on the property is <br /> not consistent with the comprehensive plan.This criterion is not met;and <br />