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FILE#LA19-000021 <br /> 15 April 2019 <br /> Page 2 of 4 <br /> Section 78-1680 and 78-1700-Hardcover Calculations: <br /> Stormwater <br /> Overlay Total Area Allowed Existing Hardcover Proposed Hardcover <br /> District Tier <br /> in Zone Hardcover <br /> Tier 1 19,250 s.f. 4,812 s.f. 4,358 s.f.* 113 s.f. 4,627 s.f.* 113 s.f. <br /> (25%) (22.6%) w/in 75' (24%) w/in 75' <br /> *Staff adjusted the submitted HC totals based on "exclusion"of retaining walls per code. <br /> Applicable Regulations: <br /> Rear Yard Setback Variance (Section 78-330) <br /> Due to the extreme topography and bluff on the lake side of the property,the home is located <br /> nearer to the rear street lot line than is permitted.The applicants are proposing a small 269 <br /> square foot addition which conforms to all codes except for the rear(street)yard setback <br /> requirement of 30 feet.At 22.3 feet the applicant is attempting to keep the rear yard <br /> encroachment less than the existing home which is set back 21.3 feet. <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 /> rear yard setback variance is consistent with the general intent of the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan.The variance for an addition to <br /> a residence in a residential zone is consistent with the Comprehensive Plan. <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 an <br /> addition within the rear yard setback appears to be reasonable as the owners <br /> of the adjacent properties have stated that they are not adversely impacted; <br /> the mature vegetation and topography separate the subject property from the <br /> County road. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The sub-standard setback and size of the Property was not the result of actions <br /> by the landowner. The home is set within the rear yard setback as a result of <br />