03-15-2021 Planning Commission Packet

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LA21-000022 March 15,2021 Page 2 of 4 Rear 100' Roughly 360' Roughly Met 360' Side (North) 50' 18.2' 18.2' Not Met Side (South) 50' 15.5' 15.5' Not Met **Front yard setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non- conforming lot fronting on the same street. However,the depth of such front yard shall not be less than ten feet. Section 78-78-395-Lot Area/Width: DISTRICT RR-1A Lot Area Lot Width Required 217,800 s.f. (5 acres) _ 300' Actual 53,206s.f. (1.2 acre) 123.77' Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 53,206 s.f. (1.2 acre) Allowed: 10,641 s.f. (20%) Proposed: 3,148 s.f. (6%) Applicable Regulations: Side Yard Setback(78-395) The required side yard setback is 50'. The applicant is proposing a 15.5'setback to the south and 18.2' setback to the north. The lot is 123.77'feet wide and applying the 50'setbacks on either side would allow for a 23.77'wide building envelope for a new home. The abutting neighbor with a similar lot size maintains approximately a 16'side yard setback,similar to the applicant's request. 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: