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03-18-2019 Planning Commission Packet
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03-18-2019 Planning Commission Packet
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FILE#LA19-000010 <br /> 18 Mar 2019 <br /> Page 2 of 6 <br /> Section 78-350-Lot Area/Width: <br /> LR-1B Lot Area Lot Width <br /> Required 43,560 s.f. (1.0 acre) 140' <br /> Actual 30,625 s.f. (0.7 acres) 76' at the OHWL&72' at the 75'SB <br /> Section 78-1403-Structural Building Coverage: <br /> Total Lot Area Total Structural Coverage <br /> 30,625 s.f. (0.7 acres) Allowed: 6,125 s.f. (20%) <br /> Proposed: 2,317 s.f. (7%) <br /> Section 78-1700-Hardcover Calculations: <br /> Stormwater Total Area in Allowed Proposed <br /> Overlay District Zone Hardcover Existing Hardcover Hardcover <br /> Tier <br /> 7,656 s.f. 5,296 s.f. 6,247s.f. <br /> Tier 1 30,625 s.f. <br /> (25%) (17.2%) (20.4%) <br /> Applicable Regulations: <br /> Side Yard Setback Variance (Section 78-350) <br /> The existing detached garage is situated 2.5 feet from the southeast side lot line. It is proposed to <br /> be removed and replaced with a larger detached garage with an office and exercise studio above <br /> situated 4.3 feet from the lot line, an improvement of 1.8 feet. The required setback for an <br /> accessory building less than 1,000 square feet in footprint is 7.5 feet for this property(due to the <br /> flexibility based on width). <br /> Plumbing in the Accessory Building CUP (Section 78-328(7)) <br /> The proposed detached garage with recreation space is permitted,the applicant's request to <br /> install a bathroom with full bathing facilities requires a CUP. <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 />
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