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FILE # LA21-000051 20 Sept 2021 Page 3 of 5 Applicable Regulations: Rear and Side Setback Variances (Code Section 78-330) The existing detached garage is structurally in need of replacement. The existing 1.5 story home on the property is in a conforming location with respect to all setbacks. The detached garage is 16 feet from the rear lot line, and 1.2 feet from the north side lot line where a 30-foot rear, and 7.5-foot side setback are required. The applicant is proposing a 5.9 foot connecting addition to join the reconstructed garage to the home. The addition will be 1.2 feet from the side lot line and by nature of the connection will become part of the principal building. The connection will therefore result in the house becoming nonconforming by the side and rear setbacks. Setback variances are necessary to facilitate this change to the home. The connection proposed is the minimal addition necessary to functionally connect the home and garage and allow for the stairway access to the garage’s proposed second floor. There is an existing water supply well on the street side of the home shown highlighted on Exhibit D which prevents an addition in this location. Currently the home has 2 bedrooms on the 2nd floor and one full bathroom, also on the second floor. The interior connection to the garage will be on the main level. The applicant proposes to maintain the integrity of the existing 2nd floor of the home. Connecting the new 2nd story to the existing the home would lose a much needed full bathroom, currently the only bathroom in the home. Access to the garage upper bonus room will be via a stairway in the addition off the kitchen. The upper level of the garage will function as a guest bedroom and guest bath. 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. 14, 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 minimal expansions proposed to the nonconforming garage will not adversely impact the adjacent property, nor will it result in a significant massing increase within the side yard setback areas. The requested variances to connect the garage to the home as well as construct a second story over the garage is the minimum amount necessary to meet the applicant’s needs. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances allowing the additions to the existing home in a residential zone are consistent with the Comprehensive Plan. The