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LA22-000005 <br /> February 22,2022 <br /> Page 2 of 4 <br /> Wetland 25' or MCWD buffer */-226' No Change • <br /> Section 78-420—Lot Area/Width: <br /> DISTRICT RR-1B Lot Area Lot Width <br /> Required 87,120 s.f. (2 acres) 200' <br /> Actual 166,775 s.f. (3.82 acre) 307' at the front yard setback <br /> Structural Building Coverage and Hardcover Calculations: <br /> The property is over 2 acres in size and is exempt from structural coverage limitations and <br /> outside the shoreland district. <br /> Applicable Regulations: <br /> Front Yard Setback(78-420) <br /> The property has a 50'front yard setback.The home currently sits roughly 92'front the front <br /> property line and the applicant is requesting a 46'from the front property line. <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. 14,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 /> 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. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The use of the property a garage and storage <br /> addition to an existing single family home are in line with the permitted <br /> controls. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The home was built in 1900.The applicant wishes to add a 3 stall garage. The <br /> applicant stated the existing home location, existing septic and tree locations <br /> are practical difficulties which limit the building envelope of the property. Staff <br /> finds the owner has reasonable use of the lot for a single family home. There • <br />