02-16-2021 Planning Commission Packet

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LA21-000010 February 16,2021 Page 2 of 4 Side (West) 10' 17.7' 17.7' (No Change) Side (East) 10' 41.5' 41.5' (No Change) Section 78-230- Lot Area/Width: DISTRICT R-1A Lot Area Lot Width Required 43,560 s.f. (1 acres) 140' Actual 23,148 s.f. (0.53 acre) 125' Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 23,148 s.f. (0.53 acre) Allowed: 4,629.6 s.f. (20%) Proposed: 3,395 s.f. (14.7%) Section 78-1700-Hardcover Calculations: • The property is exempt from hardcover regulations as it is located outside the shoreland overlay district. Applicable Regulations: Rear Yard Setback Variance(78-230) The property has a 30' rear setback. The home currently sits 32.4' and the applicant is requesting a17.8' setback. 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 direct sunlight 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. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed addition is not in harmony with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The addition and use of the property are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties.