01-21-2020 Planning Commission Packet

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LA19-000101 01/21/2020 Page 2 of 4 DISTRICT LR-1A Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Existing 57,549 s.f. (1.3 acres) 311' Proposed 49,487 s.f. (1.1 acre) 287' Section 78-1700-Hardcover Calculations: Stormwater Overlay Total Area in Zone Allowed Hardcover Hardcover District Tier Existing Tier 2 57,549 s.f. (1.3 acres) 17,264 s.f. (30%) 4,666 s.f. (8%) Proposed Tier 2 49,487 s.f. (1.1 acres) 14,846 s.f. (30%) 4,666 s.f. (9%) Applicable Regulations: Lot Area (Sec.78-305) Minimum lot area for this district is 2 acres. Sec. 82-254. -Lot area,minimum. The minimum area requirements for each proposed lot as prescribed in chapter 78. The lot area must also comply with chapter 58, article II. Public and private rights-of-way,vehicular or pedestrian easements, or surface areas below the ordinary high water mark of any surface water or wetlands or floodplain areas may not be used in order to meet any portion of the minimum lot area requirements. 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. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to establish a driveway easement which will serve an existing lot of record. The lot area variance is in harmony with the intent of the ordinance considering the use of the lot.