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