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LA18-000061 <br />July 16, 2018 <br />Page 2 of 4 <br />*Sec. 78-1685. (2) On lots of less than 10,000 square feet in area, the total combined footprints of all <br />principal and accessory structures shall not exceed 2,000 square feet. <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 />2,187.5 s.f. <br />18.29 s.f. <br />2,165 s.f. <br />Tier 3 <br />6,250s.f <br />(35%) <br />(29.89%) <br />(34.6%) <br />Applicable Regulations: <br />Rear Setback (78-305) <br />The applicant is proposing to construct a new home and are requesting a 32.8 foot rear yard <br />setback for the deck and 40.8 foot from the principle structure to the rear property line where <br />50 feet is required in the LR -1A Zoning District. <br />Lot Area and Width (78-72) Lot Area and Width Variance (Section 78-305 <br />Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet <br />the minimum area or width requirements for the respective zoning district. Substandard <br />properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped <br />without variances if specific standards are met; such as: <br />1. All setback requirements can be met. Not Met. <br />2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can <br />be installed or the lot is connected to a public sewer; and <br />3. The impervious surface coverage meets all hardcover location and square footage <br />restrictions of this chapter and the total square footage of hardcover does not exceed <br />35 percent of the entire lot area. <br />4. All other zoning district standards can be met. Not Met. <br />The applicant's need for a setback variance resulting in the property's inability to conform to #1 <br />and #4 above. Therefore, a lot width and area variance is also required in order to develop the <br />property. <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 />