08-17-2020 Planning Commission Packet

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LA20-000054 Sept 21,2020 Page 2 of 4 Front 30' 45.8 No Change Rear 45' 45' 38.3' Side (west) 15' 48.5' No Change Side (east) 15' 30.7' 26.3' Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 32,603 s.f. (0.7acre) Allowed: 6,520 s.f. (20%) Proposed: 2,421 s.f. (7%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Existing Proposed Zone Hardcover Hardcover Hardcover Tier Tier 2 32,603s.f. 9,780s.f. 5,1156 s.f. 5, 439 s.f. (30%) (15.8 %) , (16.6%) Applicable Regulations: 78-1370: Special standards for back lots created after January 1, 1994. Back lots which were created as part of a subdivision that received preliminary subdivision approval after January 1, 1994, are subject to the following special requirements in addition to the standards required in section 82-256: (d) The required side yard and rear yard depths for back lots shall be 150 percent of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lots shall meet the zoning district lakeshore yard requirements. 3825 North Shore Drive was platted in 2006. The plat includes 5 lots with 2 of the lots designated at back lots with no street access. The back lots are platted with 150%setbacks for the LR-1C District. The standard rear yard setback is 30' and for back lots it is 45'. 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 directsunlight 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.