11-19-2018 Planning Commission Packet

Home Browse Search

FILE#LA18-000086 19 Nov 2018 Page 2 of 4 Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 64,359 s.f. (1.47 acre) Allowed: 12,871 s.f. (20%) Proposed: 2,978 s.f. (4.6%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Overlay District Allowed Hardcover Proposed Hardcover Tier Zone 16,089 s.f. 13,593 s.f. Tier 1 64,359 s.f. (25%) (21%) 0 s.f.w/in 75'* *No lake access is currently proposed.The lake access hardcover will be added into the total and also the 0-75' zone. Hardcover may not exceed 25%. Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) Based on the newly approved configuration of Lot 2,there is an approximate 100-foot wide buildable envelope at the average lakeshore setback line. There is a generally flat house pad area to support a home,without encroaching into the side yard setbacks,the lake yard, or the average lakeshore setback. The applicant's plan results in an approximate 18.8' encroachment lakeward of the average lakeshore setback line with house and an above-grade deck. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Practical Difficulties Statement The applicant provided a practical difficulty analysis.That analysis is attached as Exhibit B and has been incorporated into the 12 criteria below.The applicant should be asked for additional testimony regarding the variance request. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.