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LA 18-000067 <br />August 20, 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 />3,150 s.f. <br />3,223 s.f. <br />3,132 s.f. <br />Tier 2 <br />10,500 s.f. <br />(30%) <br />(30.6%) <br />(29.8%) <br />Applicable Regulations: <br />Side Yard Setback (78-1405 a.6.) <br />The applicant is requesting a 5 foot side yard setback, where 10 feet is required, to maintain <br />access and a second parking location on the property. <br />Garage forward of the principle structure (78-1435) <br />The applicant is requesting the garage be located 20 feet from the front property line which <br />is forward of the principle structure, located roughly 57 feet from the front of the property. <br />Front and Side Yard Setback (78-1511) <br />Within all R districts, all vehicles normally owned or kept by the occupants on the premises <br />must have a garage stall or open parking space on the some lot as the principal use served. <br />Garaae stalls accessory to residential structures may be located anvwhere on the lot other <br />than a required yard area, except that such garages may be located to within ten feet of an <br />interior side lot line and to within ten feet of a rear lot line subject to this chapter. Open <br />parking spaces on lots must have a location other than a required yard, except that such <br />parking may be located in a rear yard to within ten feet of an interior side lot line and to within <br />ten feet of a rear lot line. The applicant is requesting the garage be located 20 feet from the <br />front property line, where 50 feet is required and requesting a 5 foot side yard, were 10 feet <br />is required. <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 />proposed single detached garage is in harmony with the intent of the City Code. The <br />proposed location on a substandard lot forward of the principle home and located in <br />