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04-11-2022 Council Packet
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04-11-2022 Council Packet
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FILE # LA22-000001 <br />22 Feb 2022 <br />Page 3 of 7 <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br /> <br />Hardcover Existing Hardcover Proposed <br />Abbott 6,333 s.f. 23% <br />“Swenson” 6,763 s.f. 31% <br />Oare + 6,059 s.f. 29% <br />Total 19,155 s.f. 27.4% <br />Abbott 10,340 s.f. 27.5% <br />Oare + 8,793 s.f. 27.4% <br />Total 19,133 s.f. 27.4% <br />Abbott: 25% of proposed lot area = 9,400 s.f. / Proposal exceeds 25% by 940 s.f. <br />Oare: 25% of proposed lot area = 8,018 s.f. / Proposal exceeds 25% by 775 s.f. <br /> <br />Proposed Hardcover Changes <br />Removals: <br />71 s.f. stepping stones (both) <br />114 s.f. lake stair removal (Oare) <br />143 s.f. driveway removal (Abbott) <br />Total removals 328 s.f. <br />Additions: <br />306 s.f. proposed new driveway (Oare) <br /> <br />Applicable Regulations: <br />Hardcover Variance (Section 78-1700) <br />While hardcover is proposed be reduced by 22 square feet, hardcover variances are required for both lots as the <br />totals are proposed to exceed 25%. The Abbott property is proposed to have 27.5% hardcover; the Oare <br />property is proposed to have 27.4%. There are 328 square feet of removals proposed; a new 306 square foot <br />driveway access with 2 parking spaces is proposed to be added to the Oare property to serve the guest house. <br /> <br />Guest House Lot Area Variance (Section 78-348(2)) <br />The Oares will be combining the portion of the “Swenson” property with their home site. They wish to keep the <br />existing “Swenson” home and use it as a guest home. The Code permits guest houses on properties which <br />exceed the minimum district lot area by twice the minimum lot area. The Oares will increase their lot area from <br />0.47 acre to 0.73 acre, however within the LR-1C district ½ acre is the minimum lot size. In order to qualify for a <br />guest house in the LR-1C district, 1.0 acre of land is required. The Oares request approval of a lot area variance <br />to qualify for a guest house. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed <br />variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light <br />and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The <br />Planning Commission shall consider recommending approval for variances from the literal provisions of the <br />Zoning Code in instances where their strict enforcement would cause practical difficulties because of <br />circumstances unique to the individual property under consideration, and shall recommend approval only when it <br />is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br />Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br />not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth- <br />sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The <br />board or the council may not permit as a variance any use that is not permitted under this chapter for property <br />in the zone where the affected person's land is located. The board or council may permit as a variance the <br />temporary use of a one-family dwelling as a two-family dwelling. <br />
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