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LA 18-000060 <br />July 16, 2018 <br />Page 2 of 4 <br />Section 78-1700 -Hardcover Calculations: <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 />43,920.8 s.f. <br />6,934 s.f. <br />8,864 s.f. <br />Tier 3 <br />125,488 s.f. <br />(35%) <br />(5.5%) <br />(7.1%) <br />Applicable Regulations: <br />Front Yard Setback (78-305) <br />The applicant is requesting an addition to the home that would be 21.6 feet from the front <br />property line where 50 feet is required. The applicant is looking to demo an existing detached <br />garage in this area and rebuilt the garage and attach it to the home. <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 />applicant is proposed an addition to an existing home on a residential lot which is <br />consistent with the intent of the ordinance. <br />2. The variance is consistent with the comprehensive plan. The variance resulting in a <br />permit for an addition to a single family residence in a residential zone are consistent <br />with the Comprehensive Plan. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; The applicant is proposing use of the property <br />in a reasonable manner with the construction on an addition to a single family <br />home. There is unique topography on the property. <br />b. There are circumstances unique to the property not created by the landowner; <br />The plight of the property owner is due to the unique topography of the lot and <br />the existing orientation of the home on the property. and <br />