04-17-2023 Planning Commission Packet

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FILE#LA23-000019 17 April 2023 Page 3 of 5 Overlay District, such as the subject lot, are able to be redeveloped without variances if specific standards are met;such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for variances results in the property's inability to conform to all of the standards above.Therefore, lot area and lot width variances 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 variance is not granted. 75-foot Lake Setback;Average Lakeshore Setback; Side Yard Setback Variances (Sections 78-350 and 78- 1279) There is a small, 330 square foot triangle in the northwest corner of the property located outside the 75- foot lake setback,yet is not buildable as it is within the side and rear yards.The applicant is proposing to build a new home on the existing foundation as they find this to be the most suitable location to build due to the site constraints. The site constraints include the channel setback of 75 feet,the 75-foot lake setback on the east,the existing mature trees along the channel,the narrow width,the existing home location, and the low elevation of the property(impacted by floodplain regulations).To solve this space limitation the applicant is proposing to increase the square footage of the 2'd story over the entire footprint. The existing home has a partial 2nd story in the middle portion of the building. According to the comparison plans,the applicant is proposing to increase the height of the home by approximately 7.5 feet overall. Volume comparisons can be seen in Exhibit E. 75-foot Hardcover Variance (Section 78-1279; 78-1680; and 78-1700) The applicant is proposing a new 99 square foot sidewalk as part of this plan, increasing the hardcover from 27.9%to 28.9%.All of the hardcover with the exception of a 90 square foot portion of driveway is within the 75-foot setback. 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.