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LA19-000027 <br /> May 20,2019 <br /> Page 2 of 5 <br /> (2)An OAB is regulated by the following table: <br /> Lot Area Maximum Individual OAB Maximum Allowed Total of All Accessory Building <br /> (acres) Footprint Area (square feet) Footprint Areas on a Property (square feet) <br /> 2.00-3.00 1,200 2,400 <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 /> applicant has stated their intent is to add to an already existing oversized building <br /> instead of building a new separate building. The request doesn't not meet the intent <br /> of the ordinance to limit the sizing of OAB based on lot size. <br /> 2. The variance is consistent with the comprehensive plan.Oversize Accessory buildings are <br /> permitted and are 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; "I intend to add on to an existing structure <br /> rather than build a new structure. Adding a lean-to on to the existing structure <br /> is reasonable for financial, environmental and neighborly good. We have been <br /> told that we are able to build a new structure up to 1000 sq. feet but this lean <br /> to would be much smaller, 1/4 to 1/3 the size of a new stand alone structure." <br /> b. There are circumstances unique to the property not created by the landowner; <br /> "Our issues are three fold:financial, environmental and neighborly. Financial - <br /> an addition on to our existing structure will cost significantly ('50%) less than <br /> building a new structure. Materials and labor(smaller than a new structure,less <br /> wall square footage, able to use existing building as 25% of this project), <br /> sitework(there is existing gravel where this project will be placed,there will not <br /> have to be any prep work, we will cut down zero trees with with a lean to). <br /> Landscaping will be close to zero (gravel there now. Will not have to augment <br />