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FILE # LA19-000021 15 April 2019 Page 2 of 4 Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 19,250 s.f. 4,812 s.f. (25 %) 4,358 s.f.* (22.6%) 113 s.f. w/in 75’ 4,627 s.f.* (24%) 113 s.f. w/in 75’ *Staff adjusted the submitted HC totals based on “exclusion” of retaining walls per code. Applicable Regulations: Rear Yard Setback Variance (Section 78-330) Due to the extreme topography and bluff on the lake side of the property, the home is located nearer to the rear street lot line than is permitted. The applicants are proposing a small 269 square foot addition which conforms to all codes except for the rear (street) yard setback requirement of 30 feet. At 22.3 feet the applicant is attempting to keep the rear yard encroachment less than the existing home which is set back 21.3 feet. 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. 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. The rear yard setback variance is consistent with the general intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The variance for an addition to a residence in a residential zone is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of an addition within the rear yard setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the mature vegetation and topography separate the subject property from the County road. b. There are circumstances unique to the property not created by the landowner; The sub-standard setback and size of the Property was not the result of actions by the landowner. The home is set within the rear yard setback as a result of