06-17-2019 Planning Commission Packet

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LA19-000038 June 17,2019 Page 2 of 4 Total Lot Area Total Structural Coverage 26,867 (0.6acre) Allowed: 5,379 s.f. (20%) Proposed: 2,235 s.f. (8%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 26,867 s.f. 6,716.75 s.f. 4,123 s.f. 4,141 s.f. (25%) (15.35%) (15.41%) Applicable Regulations: Variance (78-420)The City Code has a 50 foot setback. The home has a current setback 36.7 feet from the front property line. The applicant is request to expand the home in the front yard and with the addition to have a 31.7 foot setback. 78-420 (b) Exceptions: (3) Front yard setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. The setbacks for the neighboring properties are approximately 36 and 172 feet, and do not provide relief. 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 front yard variance is in harmony with the purpose of the Ordinance. The small lot includes difficulties in its area and depth.