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