08-17-2020 Planning Commission Packet

Home Browse Search

FILE#LA20-000058 21 Sept 2020 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-1288; 78-1680;and 78-1700- Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 20,509 s.f. 5,127 s.f. 5,170 s.f. 5,270 s.f. (25 %) (25.2%) (25.7%) Applicable Regulations: Hardcover Variance (Sections 78-1288; 78-1680; and 78-1700) Due to a calculation error by the surveyor, the property is currently 43 square feet over the 25% limitation. The applicants are requesting approval for an additional 100 square feet of hardcover in addition to the acknowledgment of the additional 43 square feet. In reviewing the hardcover elements on the property there few areas where reductions can occur as the house and driveway account for the majority of the site hardcover. The length of the driveway combined with the steepness of the road approach suggest that a turnaround area should have been included in the original plans 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 proposed variance is in harmony with the purpose of the Ordinance.The substandard lot has difficulties in its slope,small size and depth, and unique configuration with the driveway easement and Casco Point Road. 2. The variance is consistent with the comprehensive plan.The hardcover variance is requested to alleviate the owners'safety concern relating to the challenging driveway configuration which is not inconsistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties.