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FILE # LA19-000081 <br />21 Oct 19 <br />Page 2 of 4 <br /> <br /> <br />Rr-1B Lot Area Lot Width <br />Required 87,120 s.f. (2.0 acres) 200’ <br />Actual 133,435 s.f. (3.06 acre) ±300 ‘ (irregular) @ 150’ / <br />±300’ (irregular) @ OHWL <br /> <br />Section 78-1403- Structural Building Coverage: <br />Structural coverage limitations do not apply as the property exceeds 1.99 acres. <br /> <br />Section 78-1680 and 78-1700 - Hardcover Calculations: <br /> <br />Stormwater <br />Overlay District <br />Tier <br />Total Area <br />in Zone <br />Allowed <br />Hardcover Existing Hardcover Proposed Hardcover <br />Tier 1 133,435 s.f. 33,358 s.f. <br />(25 %) <br />10,778 s.f. <br />(8.1%) <br />0 w/in <br />75’ <br />11,027 s.f. <br />(8.3%) <br />0 w/in <br />75’ <br /> <br />Applicable Regulations: <br />Lake Setback Variance (Code Section 78-1279) <br />There is an existing barn on the property which is no longer functional and is in disrepair. The <br />applicants want to replace the barn in a similar location and setback yet improve the <br />encroachment to the lake. Lake Classen is a natural environment lake requiring a 150-foot <br />setback from the OHWL. The new barn will be 124-feet from the OHWL. The OHWL is situated <br />upslope slightly from the open water as there is a wetland along the shoreline. The setback <br />proposed from the open water of the lake is about 145 feet. <br /> <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 /> <br />According to MN §462.357 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 />variance to allow construction of the barn is in harmony with the zoning code; the <br />requested setback variance on this Property is generally consistent with the intent of