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07-13-2020 Council Packet
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07-13-2020 Council Packet
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FILE # LA20-000039 <br />June 15, 2020 <br />Page 2 of 4 <br /> <br />Section 78- 350 Lot Area/Width: <br />DISTRICT LR-1C Lot Area Lot Width <br />Required 21.780 s.f. (0.5 acres) 100’ <br />Actual 21,183 s.f. (0.48 acre) 49’ @ 75’ / 19’ @ OHWL <br /> <br />Section 78-1403- Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />21,183 s.f. (0.48 acre) Allowed: 4,236.6 s.f. (20%) <br />Proposed: 2,821 s.f. (13.3 %) <br /> <br />Section 78-1680 and 78-1700 - Hardcover Calculations: <br />Stormwater <br />Overlay District <br />Tier <br />Total Area <br />in Zone <br />Allowed <br />Hardcover Existing Hardcover Proposed Hardcover <br />Tier 1 21,183 s.f. 5,295.75 s.f. <br />(25 %) <br />7,268 s.f. <br />(34.31 %) <br />23 s.f. <br />w/in <br />75’ <br />6,375 s.f. <br />(29.62 %) <br />23 s.f. <br />w/in 75’ <br /> <br /> <br />Applicable Regulations: <br />Variance (78-1700) Hardcover shall not exceed 25% of the gross lot area. <br /> <br />The current parcel is over the allowed limit. The applicant is proposing an addition over an <br />existing driveway. A small portion of the addition will create a new footprint of hardcover for <br />the property. The proposed project will also remove excess driveway lowering the overall <br />hardcover level and bring the site closer to conformance with the city requirements. <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 intent and purpose of the Ordinance. The
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