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06-08-2020 Council Packet
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06-08-2020 Council Packet
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FILE # LA20-000021 <br />May 18 2020 <br />Page 2 of 4 <br /> <br /> <br />RR-1B Lot Area Lot Width <br />Required 87,120 s.f. (2.0 acres) 200’ <br />Actual 43,580 s.f. (1 acre) 220’ <br /> <br />Section 78-1403- Structural Building Coverage: <br /> <br />Total Lot Area Total Structural Coverage <br />43,580 s.f. (1 acre) Allowed: 8,716 s.f. (20%) <br />Existing: 1,660 s.f. (3%) <br />Proposed: 2,740 s.f. (6%) <br /> <br /> <br />Section 78-1680 and 78-1700 - Hardcover Calculations: <br />The property is not located in the Storm water Overlay District and no have a hardcover <br />limitation. <br /> <br />Applicable Regulations: <br />Side yard Setback Variance (Code Section 78-420) <br />There is an existing home on the property in a nonconforming location. The applicants wish to <br />build an addition to the home for garage space. There are challenges due to the existing <br />location of the home, location of the septic and the substandard lot area. <br /> <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 /> <br />According to MN §462.357 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 />variance to allow construction of a home addition is in harmony with the zoning code; <br />the requested setback variance on this Property is generally consistent with the intent <br />of the ordinance.
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