10-21-2019 Planning Commission Packet

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LA18-000061 July 16,2018 Page 2 of 4 Tier 3 15, 048 s.f 5,266 s.f. 4,015 s.f. 4,861 s.f. (35%) (26.7 %) (32.3%) Applicable Regulations: Front and Rear Setback(78-305) The applicant is proposing to construct a new home and are requesting a 46.3 foot rear yard setback for the deck where 50 feet is required in the LR-1A Zoning District. The front yard has a 50 foot setback and the applicant is proposing 30.2 feet. Many of the homes in the neighborhood sit roughly 25 foot front yard. This property abuts a vacant lot to the north and the home to the south sits 33.8 feet. A 50 foot setback is required in the LR-1A district. The front yard setback exception 78-305 b.(3) which allows for the front yard setback to be averaged using the two abutting neighbors, cannot be applied due to the neighboring lot being vacant. Lot Area and Width (78-72) Lot Area and Width Variance (Section 78-305) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met. Not Met. 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 35 percent of the entire lot area. 4. All other zoning district standards can be met. Not Met. The applicant's need for a setback variance result in the property's inability to conform to#1 and #4 above. Therefore, a lot width and area variance is also required in order to develop the property. 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.