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FILE # LA22-000035 18 July 2022 Page 3 of 5 are also required in order to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Structural Coverage Variance (Section 78-1403) The Code states that residential properties between 10,000 square feet and 2.0 acres are limited to 20% of the property’s area for building coverage. The applicant is proposing a 2,518 square foot home, and a 260 square foot boat house/shed exists on the property. Together, the buildings total 2,778 square feet (21.6%) structural coverage, which is 207 square feet over the limit. Hardcover Variance (Section 78-1700) The proposed plans provide a hardcover reduction of 170 square feet (1.3%) from existing conditions, resulting in 30.8% hardcover where 32.1% currently exists. Tier 1 limits hardcover to 25% of the lot area. Eliminating the overage in structural coverage (207 square feet) would result in a proposed hardcover level of 29.2%. Side Setback Variance (Section 78-350 & 78-1405) The plans reflect a 4-foot wide deck stair encroaching within the south side lot setback area, 3.3-feet from the side lot line. In design, the applicant applied the City’s nonencroachment provision in 78-1405(3) which states that “steps, sidewalks, uncovered porches, stoops or similar structures which do not extend above the height of the ground floor of the principal building” can be situated as close as 2 feet to any lot line. Although the Code does not specify, Staff interprets and applies this section to those listed features which provide required egress to the home. The steps off of the rear deck do not meet this standard; a variance is required. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed lot area and width variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and depth, and proximity to the lake to permit redevelopment. The variances for structural coverage, hardcover, and side setback are not in harmony with the purpose of the Ordinance. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The structural coverage and hardcover variances proposed to develop this nonconforming lot of record are not consistent with the