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FILE # 17-3914 <br />March 20, 2017 <br />Page 2 of 4 <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 />5,054 s.f. <br />2,884 s.f. <br />3,071 s.f. <br />Tier 2 <br />16,847 s.f. <br />(30%) <br />(17.1%) <br />(18.2%) <br />Applicable Regulations: <br />Side Yard Setback Variances (Code Section 78-330) <br />The applicants are proposing to expand the main floor of the home on the northwest side; the <br />16' x 16' upper level addition will not encroach closer to the side lot line than the home <br />currently, it will be constructed on posts. The home and the property line are situated at an <br />angle; the applicants' home is set back 0.3 feet from the lot line. With the proposed offset, the <br />addition to the rear of the home will be as close as 3 feet from the lot line where a 10 foot <br />setback is required. <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 offire, risk to the public safety, and the effect <br />on values of property in the surrounding area. The Planning Commission shall consider <br />recommending approvalfor 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 />proposed addition is residential in nature. Due to the orientation of the adjacent <br />properties and the homes on each property, there is adequate space for light, air and <br />open space between the addition and the neighboring home. The variance is in <br />harmony with the Ordinance. <br />2. The variance is consistent with the comprehensive plan. The variance allowing <br />improvements to a single family residence in a residential zone are consistent with the <br />Comprehensive Plan as well as the character of the neighborhood. <br />3. The applicant establishes that there are practical difficulties. <br />The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; The request to permit construction of an <br />addition to the home, within the 10 foot side setback appears to be reasonable <br />