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FILE # 17-3966 <br />October 16, 2017 <br />Page 2 of 5 <br />Section 78-1403- Structural Cover <br />Total Lot Area <br />Total Structural Coverage <br />15,482 s.f. (.355 acre) <br />Allowed: 3,096 s.f. (20%) <br />Proposed: 2,623 s.f. (16%) <br />Section 78-1700 -Hardcover Calculations: <br />Stormwater <br />Total Area in <br />Allowed <br />Proposed <br />Overlay District <br />Existing Hardcover <br />Zone <br />Hardcover <br />Hardcover <br />Tier <br />3,870.5 s.f. <br />1,870 s.f. <br />15 s.f. <br />3,810 s.f. <br />Tier 1 <br />15,482 s.f. <br />(25 %) <br />(12%) <br />w/in 75' <br />(24.6%) <br />Applicable Regulations: <br />Rear Setback Variance (78-305) <br />There is a 50 foot rear setback required for this lot. The applicant is proposing to construct a <br />new home 29.6 feet from the rear yard lot line. <br />Lot Width Variance (Section 78-305 <br />Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet <br />the minimum area or width requirements for the respective zoning district. Substandard <br />properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped <br />without variances if specific standards are met; such as: <br />1. All setback requirements can be met. <br />2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can <br />be installed or the lot is connected to a public sewer; and <br />3. The impervious surface coverage meets all hardcover location and square footage <br />restrictions of this chapter and the total square footage of hardcover does not exceed <br />25 percent of the entire lot area. <br />4. All other zoning district standards can be met. <br />The applicant's need for a rear setback variance results in the property's inability to conform to <br />#1 above. Therefore, a lot width and area variance is also required in order to develop the <br />property. <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 />