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FILE #LA22-000071 <br />17 Jan 2023 <br />Page 3 of 5 <br /> <br /> <br />Section 78-1403 – Structural Building Coverage: <br /> <br />Property Address Total Lot Area Total Structural Coverage <br />1224 Briar Street <br />(Proposed) <br />24,508 s.f. (0.56 acre) Allowed: 4,901 s.f. (20%) <br />Existing/Proposed: 1,581 s.f. (6.4%) <br /> <br />1245 Arbor Street <br />(Proposed) <br />13,991 s.f. (0.32 acre) Allowed: 2,798 s.f. (20%) <br /> <br /> <br />Section 78-1700 – Hardcover Calculations: <br />Both properties are located in Tier 2, permitting up to 30% hardcover. Currently no new hardcover is <br />proposed. The Briar Street property’s percentage would improve greatly with the boundary line <br />adjustment reducing from 26.6% to 11.4%. The permitted hardcover square footage for the Arbor Street <br />property would be 4,197 square feet. The Arbor Street property is currently vacant. <br /> <br />Applicable Regulations: <br />Lot Area and Lot Width Variances (Section 78-420) <br />Although both properties are currently nonconforming with respect to area and width, the applicants are <br />proposing to move the common boundary line to increase the size of the Briar Street property with their <br />existing home. The change will still result in two nonconforming lots, however the area of the Arbor Street <br />is proposed to be approximately 3,500 square feet larger than the existing Briar Street property. As <br />proposed the Arbor Street property will have an approximate 2,300 square foot building envelope, which <br />is reasonable for this neighborhood. <br /> <br />Additionally, the proposed defined lot width of 100-feet for the Arbor lot would not change but the <br />proposed lot width for the Briar lot would increase from 75 feet wide to 140 feet wide as Minnetonka <br />Avenue would become the defined front (narrower frontage). The change would bring the Briar lot <br />dimensions closer to conformance with the RR-1B standards. As a result of the change in defined front <br />yard for the Briar lot, the home on the property becomes more nonconforming with respect to the 50-foot <br />rear yard setback (north lot line opposite Minnetonka). <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, <br />light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br />area. The Planning Commission shall consider recommending approval for variances from the literal <br />provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties <br />because of circumstances unique to the individual property under consideration, and shall recommend <br />approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br />Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical <br />difficulties also include but are not limited to inadequate access to direct sunlight for solar energy <br />systems. 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 variance any <br />use that is not permitted under this chapter for property in the zone where the affected person's land is <br />located. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />two-family dwelling. <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: