08-13-2020 Council Packet - Laserfiche WebLink

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FILE # LA20-000043 20 July 2020 Page 3 of 5 Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant’s request for a hardcover variance results in the property’s inability to conform to all of the standards above. Therefore, lot area and lot width variances are also required in order to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Hardcover Variance (Section 78-1700) The applicant is proposing 26.9% total site hardcover (3,111 square feet) where 25% is permitted; 226 square feet more than allowed. The patio shown within the 75-foot setback is permitted as an in-kind improvement due to its location within the existing home footprint. The proposed home is shown to conform to the lake, and average lakeshore setbacks which improves the existing non-conforming setback from the lake by 23 feet. A 2-car garage is proposed with a 16 foot-wide overhead door. The driveway is 16 feet wide, the minimum required for that door width. They have designed the remainder of the driveway with the minimal hardcover required to access the property beginning with the 7½ foot width at the property line and 16-foot width to provide garage access, and to provide for some modest onsite parking for guests. The entire lakeside patio will be installed with pervious paver materials, however only 100 square feet of the 344 square foot patio is permitted to be excluded from the hardcover calculations. 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