06-17-2019 Planning Commission Packet

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FILE#LA19-000004 19 Feb 2019 Page 2 of 5 Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 19,069 s.f. (0.43 acre) Allowed: 3,813 s.f. Proposed: 1,463 s.f. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Existing Proposed Tier Zone Hardcover Hardcover Hardcover Tier 3 19,069 s.f. 6,674 s.f. 2,692 s.f. 3,702 s.f. (35%) (14%) (19.4%) Applicable Regulations: Rear/Street Yard Setback Variance (Section 78-420) The property's 129 feet of depth is challenging, particularly due to the applied "street" setbacks of 50-feet on the east and west sides.The required setbacks leave an approximate 29 foot deep building envelope which is not unreasonable, however is somewhat inconsistent with neighboring properties. 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 proposed variances are in harmony with the purpose of the Ordinance. The small lot has difficulties in its small size and depth as compared to the District requirements. 2. The variance is consistent with the comprehensive plan. The proposed variances to improve an existing home on a nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties.