06-10-2019 Council Packet - Laserfiche WebLink

Home Browse Search

LA19-000027 May 20, 2019 Page 2 of 5 (2)An OAB is regulated by the following table: Lot Area Maximum Individual OAB Maximum Allowed Total of All Accessory Building (acres) Footprint Area (square feet) Footprint Areas on a Property (square feet) 2.00-3.00 1 1,200 1 2,400 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 applicant has stated their intent is to add to an already existing oversized building instead of building a new separate building. The request doesn't not meet the intent of the ordinance to limit the sizing of OAB based on lot size. 2. The variance is consistent with the comprehensive plan. Oversize Accessory buildings are permitted and are 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; "I intend to add on to an existing structure rather than build a new structure. Adding a lean-to on to the existing structure is reasonable for financial, environmental and neighborly good. We have been told that we are able to build a new structure up to 1000 sq. feet but this lean to would be much smaller, 1/4 to 1/3 the size of a new stand alone structure." b. There are circumstances unique to the property not created by the landowner; "Our issues are three fold: financial, environmental and neighborly. Financial - an addition on to our existing structure will cost significantly ('50%) less than building a new structure. Materials and labor (smaller than a new structure, less wall square footage, able to use existing building as 25% of this project), sitework (there is existing gravel where this project will be placed, there will not have to be any prep work, we will cut down zero trees with with a lean to). Landscaping will be close to zero (gravel there now. Will not have to augment