10-17-2022 Planning Commission Packet

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FILE #LA22-000052 17 October 2022 Page 3 of 5 square foot garage addition with a 391 square foot, larger footprint is proposed. The hardcover proposed to serve the new, 3-car garage also accommodates a required turnaround due to the property access on Shadywood Road/CSAH 19. The turnaround proposed is approximately 8’ x 12’, the minimum required, however it will allow for better turning access and may also provide an additional parking spot on the property. The proposed addition results in 19.2% structural coverage where 16% currently exists. 20% is the maximum structural coverage level permitted, however the result of maximizing the structural footprint is 32.01% hardcover. The new driveway will meet the required 5-foot setback from the property line. 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. 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 requested setback variance to construct an attached garage to the home as well as construct a second story over the garage is reasonable and results in a 18-foot setback improvement from the existing condition. However the proposed hardcover level is not the minimum amount necessary to meet the applicant’s needs. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The variances allowing the addition to the existing home in a residential zone are consistent with the Comprehensive Plan. The setback variance allowing the connection of the garage to the home including the upward volume expansions will improve the safety along the roadway and improve the livability and functionality of the house. However, combined with the proposed footprint size, the level of hardcover proposed is inconsistent with the comprehensive plan. This criterion is not met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant’s request to permit a connecting addition to the home and upward expansion of the garage within the rear setback is not reasonable as there is an adequate building envelope available. A conforming addition is permitted and the resulting hardcover levels may be more reasonable than the current proposal.