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F-11-1 -11-18-000015 <br />11 Mar _018 <br />I_lage -o_5 <br />Section 78-1403- Structural Coveraee: <br />Total Lot Area <br />Total Structural Coverage <br />34,730 s.f. (acre) <br />Allowed: 6,946 s.f. (20%) <br />Proposed <br />Existing: 3,362 s.f. (9.6%) <br />Proposed: 3,683 s.f. (10.6%) <br />Section 78-1700 -Hardcover Calculations: <br />Stormwater <br />Total Area in <br />Allowed <br />Existing <br />Proposed <br />Overlay District <br />Zone <br />Hardcover <br />Hardcover <br />Hardcover <br />Tier <br />8,682.5 s.f. <br />9,735 s.f.* <br />9,699 s.f. <br />Tier 1 <br />34,730 s.f. <br />(25%) <br />(28%) <br />(27.9%) <br />*The existing hardcover reported includes 927 square feet of "assumed" driveway hardcover <br />according to City Code Section 78-1683. <br />Applicable Regulations: <br />Hardcover Variance (Section 78-1700) <br />The property has an existing nonconforming detached garage. Due to the condition, location, <br />and appearance of the garage the property owner plans to demolish it and build a more <br />functional garage in a conforming location. While the existing garage does not have an improved <br />driveway, for hardcover purposes the Code assumes a minimum amount of hardcover to serve <br />garages. Assuming the hardcover for the existing garage, the proposed garage will have a larger <br />footprint, to meet the homeowners' needs, yet a smaller driveway to serve it due to the <br />relocation at a conforming setback. The applicant has proposed to stay within the existing <br />hardcover level —with the assumed 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. The <br />variance requested is consistent with the general intent of the Ordinance. The <br />