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08-13-2020 Council Packet
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08-13-2020 Council Packet
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LA20-000042 <br />July 20, 2020 <br />Page 2 of 4 <br /> <br />Side (North) 7.5’ 5.7’ 5.8’ <br />Side (South) 7.5’ 15’ No Change <br />Average Lakeshore Met. No Change <br /> <br />Section 78-350- Lot Area/Width: <br />DISTRICT LR-1C Lot Area Lot Width <br />Required 21,780 s.f. (0.5 acres) 100’ <br />Actual 22,646 s.f. (0.52 acre) 64’ @ 75’ / 64’ @ OHWL <br /> <br />Section 78-1403- Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />22,646 s.f. (0.52 acre) Allowed: 4,529 s.f. (20%) <br />Proposed: 2,481 s.f. (11 %) <br /> <br />Section 78-1680 and 78-1700 - Hardcover Calculations: <br />Stormwater <br />Overlay District <br />Tier <br />Total Area in <br />Zone <br />Allowed <br />Hardcover <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 1 22,646 s.f. 5,661.5 s.f. <br />(25 %) <br />6,569 s.f. <br />(29 %) <br />5,547 s.f. <br />(24.5 %) <br /> <br /> <br />Applicable Regulations: <br />Side Yard Setback (78-350) <br />The applicant has an existing narrow lot of 64’ wide allowing a 7.5’ side yard setback. The <br />existing home is nonconforming with a 5.7’ along the north side of the property. The applicant <br />is proposing an addition with a 2 x 6 area to maintain a 5.8’ side yard setback for a stair landing. <br />The rest of the proposed addition will conform to the setbacks. <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:
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