02-16-2021 Planning Commission Packet

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FILE#LA21-000007 16 Feb 2021 Page 2 of 4 Section 78-350-Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 6,467 s.f. (0.14 acre) 34.1' Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 6,467 s.f. (0.14 acre) Allowed: 1,293 s.f. (20%) Existing: 3,255 s.f. (50%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 2 6,467 s.f. 1,940 s.f. 3,904 s.f. 3,907 s.f. (30%) (60.3%) (60.3%) Applicable Regulations: Rear Yard and Side Street Setback Variances (Code Section 78-350) The existing home is located on a substandard lot and is situated within all of the setbacks.The new railing will be set inside of the edge of building; 6 feet 8 inches from the edge of the Navarre Lane side of the building, 6 feet from the west building edge, and 1 foot off of the north side of the building. The applicant is proposing to use the existing flat roof area to maximize the outdoor living space.The massing impact to adjacent properties will likely be minimal as the expansion is proposed to be a metal railing inside the outer walls of the building. 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 setback variances are in harmony with the purpose of the Ordinance.The substandard lot has difficulties in its small size.The house location is nonconforming.