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LA21-000010 <br />February 16, 2021 <br />Page 2 of 4 <br /> <br />Side (West) 10’ 17.7’ 17.7’ (No Change) <br />Side (East) 10’ 41.5’ 41.5’ (No Change) <br /> <br /> <br />Section 78- 230- Lot Area/Width: <br />DISTRICT R-1A Lot Area Lot Width <br />Required 43,560 s.f. (1 acres) 140’ <br />Actual 23,148 s.f. (0.53 acre) 125’ <br /> <br />Section 78-1403- Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />23,148 s.f. (0.53 acre) Allowed: 4,629.6 s.f. (20%) <br />Proposed: 3,395 s.f. (14.7%) <br /> <br />Section 78-1700 - Hardcover Calculations: <br />• The property is exempt from hardcover regulations as it is located outside the shoreland <br />overlay district. <br /> <br />Applicable Regulations: <br />Rear Yard Setback Variance (78-230) <br />The property has a 30’ rear setback. The home currently sits 32.4’ and the applicant is <br />requesting a17.8’ setback. <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 addition is not in harmony with the intent of the ordinance. <br />2. The variance is consistent with the comprehensive plan. The addition and use of the <br />property are consistent with the comprehensive plan. <br />3. The applicant establishes that there are practical difficulties.