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FILE#LA19-000024 <br /> 15 April 2019 <br /> Page 2 of 5 <br /> Section 78-305 -Lot Area/Width: <br /> LR-1A Lot Area Lot Width <br /> Required 87,120 s.f. (2.0 acres) 200' <br /> Actual 55,000 s.f. (1.2 acre) 240'@ 75'/±360' @ OHWL <br /> Section 78-1680 and 78-1700—75-FOOT ZONE Hardcover Calculations: <br /> Stormwater Total Area in Allowed Existing 75-foot Proposed 75- <br /> Overlay District 75-foot Setback Hardcover Hardcover foot Hardcover <br /> Tier Zone <br /> 0 s.f. 3,359 s.f. 3,203 s.f. <br /> Tier 1 26,672 s.f. <br /> (0%) (12.59%) (12%) <br /> Applicable Regulations: <br /> 75-foot Hardcover and Lake Setback Variances (Sections 78-1680&78-1279) <br /> The existing patio improvement is entirely within the 75-foot lake setback where neither <br /> structure nor hardcover is permitted.The applicant is proposing to reconfigure the existing patio <br /> hardcover to better serve the property, however variances are necessary due to the location <br /> within the 75-foot setback. The reconfigured patio will not encroach closer to the lake and will <br /> result in a decrease in hardcover. <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.Though <br /> the variances are minimal,and are generally consistent with the intent of the ordinance <br /> the Planning Commission should determine if relocation of hardcover areas is <br /> consistent with the Ordinance. The intent of the lake yard setback is to preserve the <br /> natural lakeshore and not permit hardcover in this area. <br /> 2. The variance is consistent with the comprehensive plan. The requested variances are <br /> consistent with the residential goals within the comprehensive plan. This criterion is <br /> met. <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 use of the property remains residential. <br />