08-19-2019 Planning Commission Packet

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LA19-000038 June 17,2019 Page 2 of 4 Section 78-420-Lot Area/Width: DISTRICT RR-1B Lot Area Lot Width Required 87,120 (2 acres) 200' Actual 26,867 (0.6acre) 180' Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 26,867 (0.6acre) Allowed: 5,379 s.f. (20%) Proposed: 2,618 s.f. (9.7%) Applicable Regulations: Variance (78-1279)The City Code has a 75'foot setback from a tributary. The home has a current setback 50' feet from the tributary with the approve deck. The applicant is requesting to build a covered porch on top of the existing deck which would create new structure within the setback area. 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 variance is in harmony with the purpose of the Ordinance. The small lot includes difficulties in its area and depth. 2. The variance is consistent with the comprehensive plan. The proposed variance to expand the structure on a nonconforming lot of record is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the request to permit construction of the additions to the home on the substandard lot, in the proposed location within