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LA19-000036 <br /> June 17,2019 <br /> Page 2 of 4 <br /> Section 78-1700-Hardcover Calculations: <br /> Stormwater <br /> Overlay District Total Area in Allowed Existing Proposed <br /> Zone Hardcover Hardcover Hardcover <br /> Tier <br /> 2,346.75 s.f. 3,235 s.f. 3,233 s.f. <br /> Tier 1 9, 389 s.f <br /> (25%) (34.45%) (34.43%) <br /> Applicable Regulations: <br /> Variance (78-1700) (1)Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot <br /> area. <br /> The applicant currently has 34.45% hardcover on the property. They are proposing to demolish <br /> the existing garage and part of the driveway and place a new addition and driveway on the <br /> property creating new areas of hardcover. The applicant is requesting to allow 34.43% <br /> hardcover for the proposed project. <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.A single <br /> family home in the LR-1B following the intent of the ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The requested variances are in <br /> line with the residential goals within the comprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The applicant is proposing to create a more <br /> conforming structure with the proposed addition. The proposed garage <br /> addition by maintaining the same level of hardcover is reasonable for the <br /> substandard property. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The lot area,lot width,and the existing garage proximity and orientation to the <br />