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FILE # 17-3900 <br />21 Feb 2017 <br />Page 2 of 4 <br />Section 78-1403- Structural Coveraee: <br />Total Lot Area <br />Total Structural Coverage <br />42,688 s.f. (0.98 acre) Current <br />46,609 s.f. (1.07 acres) Proposed <br />Allowed (based on proposed lot area): 6,991 s.f. (15%) <br />Section 78-1700 -Hardcover Calculations: <br />Stormwater <br />Overlay <br />Total Area in Zone <br />Allowed Hardcover* <br />Existing Hardcover <br />District Tier <br />42,688 s.f. Current <br />16,313 s.f. <br />0 s.f. <br />Tier 3 <br />46,609 s.f. Proposed <br />(35%) <br />(0%) <br />*Based on proposed lot area <br />Applicable Regulations: <br />Lot Area Variance (Section 78-3031 <br />The property has 0.98 acre in area and is substandard for the LR -1A (2 -acre) district where it is <br />located. <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 lot <br />area variance requested is consistent with the general intent of the Ordinance. The size <br />of the property is generally consistent with the other properties in the Foxhill <br />neighborhood. The variances are in harmony with the Ordinance. <br />2. The variance is consistent with the comprehensive plan. The variance allows the <br />redevelopment of the single family lot, this use is consistent with the comprehensive <br />plan. The variance allows the nonconforming nature of the lot to decrease. <br />3. The applicant establishes that there are practical difficulties. <br />