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06-10-2019 Council Packet
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06-10-2019 Council Packet
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FILE # 19-28 <br />May 20, 2019 <br />Page 2 of 5 <br />LOT ANALYSIS WORKSHEET <br />Section 78-1680 and 78-1700 - Hardcover Calculations: <br />Lot 1, Block 1 Before <br />Stormwater <br />Total Area in <br />Allowed <br />Existing <br />Proposed <br />Overlay District <br />Zone <br />Hardcover <br />Hardcover <br />Hardcover <br />Tier <br />6,641 s.f. <br />6,328 s.f. <br />8,602 s.f. <br />Tier 1 <br />26, 563 s.f. <br />(25 %) <br />(23.75%) <br />(25 %) <br />(23.8%) <br />Lot 1, Block 1 After <br />Stormwater <br />Total Area in <br />Allowed <br />Existing <br />Proposed <br />Overlay District <br />Zone <br />Hardcover <br />Hardcover <br />Hardcover <br />Tier <br />9,052 s.f. <br />8,602 s.f. <br />Tier 1 <br />36, 206 s.f. <br />(25 %) <br />(23.75%) <br />Incorporating Outlot A into the area of Lot 1 alters the hardcover coverage calculations for that <br />lot. The area of lot 1 gets larger, and by virtue of Section 78-1682, the portion of the driveway <br />that serves lot 1 is counted as hardcover for lot 1. The portion of the driveway that serves lot 2 <br />is not counted as hardcover against lot 1 or lot 2, until the driveway enters lot 2. The increase of <br />2,274 sq ft of hardcover, and the increase of 9,643 sf of lot area yields a hardcover percentage <br />of 23.75 (Hardcover analysis, Exhibit D). <br />Applicable Regulations: <br />Double frontage lots, access to lots, and front/ back lot divisions. (82-256) (Exhibit E) <br />Special standards for back lots created after January 1, 1994. (78-1370) (Exhibit F) <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. The <br />intent of the ordinance is the provision of a separate lot protecting access to a back lot <br />
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