09-19-2022 Planning Commission Packet

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FILE#LA22-000043 19 Sept 2022 Page 2 of 4 • LOT ANALYSIS WORKSHEET Section 78-420—Setbacks: RR-1B DISTRICT Required Existing Proposed Front (Gander) 50' Home 61.9' Garage Addition 35' Rear 50' +400' +400' North Side Street 30, ±175' ±186' (Fox) South Side 30' +160' +160' Wetland 25' or MCWD buffer House±50' Garage Addition±85' Section 78-420—Lot Area/Width: RR-1B DISTRICT Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 194,571 s.f. (4.47 acres) ±415' Applicable Regulations: Front Yard Setback Variance (Section 78-420) The applicant is proposing to construction an addition to the home within the front yard setback.The required principal building setback is 50-feet;the existing home is situated 61 feet from the front lot line. A variance to permit a 35 foot setback for the addition is requested. Governing Regulation:Variance(Section 78-123) 411 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. 14,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 35 foot setback for the home addition on the Gander Road frontage is in keeping with the character of the neighborhood as it functions as a side street. The property has a limited buildable area due to the large wetland.The requested variance is in harmony with the ordinance.