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FILE#LA20-000037 <br /> 15 June 2020 <br /> Page 3 of 5 <br /> Applicable Regulations: <br /> Lot Area and Lot Width Variances (Section 78-350) <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; <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 /> 25 percent of the entire lot area. <br /> 4. All other zoning district standards can be met. <br /> The applicant's request for a hardcover variance results in the property's inability to conform to <br /> all of the standards above.Therefore, lot area and lot width variances are also required in order <br /> to redevelop the property.The ability to develop the property consistent with other existing <br /> developed properties in the neighborhood would be limited if the area and width variances are <br /> not granted. <br /> Hardcover Variance (Section 78-1700) <br /> The applicant is proposing 27%total site hardcover(3,136 square feet)where 25% is permitted; <br /> 264 square feet greater than the limit. The driveway width at the road is a pre-existing <br /> condition.The proposed hardcover level is the result of the 26-foot wide (3 stall)garage door, <br /> and the applicant's use of the existing driveway width.The applicant <br /> has proposed reduction in the curb cut to reduce the hardcover <br /> 950.9 <br /> although within the road ROW. ssP#; " - • <br /> • <br /> /Zr <br /> The house has been moved away from the lake in an attempt to limit 9� ° ° <br /> � 3 ey,a.k I RRo <br /> m <br /> the additional hardcover. Keeping the same garage door width, and a„ O <br /> meeting the City's driveway dimensional minimums,the driveway ��iiiiiax9 .3 3® 9 0� <br /> 1 0 <br /> could be reduced by±50 square feet by tapering as it joins with the ' 30 <br /> property line/roadway(see Staff sketch).This would still result in a ' 's ti, <br /> hardcover variance for±26.8% and appears to be functional. a 3 c <br /> 9507 Qo S <br /> 95'.3 u <br /> Governing Regulation:Variance (Section 78-123) .0 <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 />