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05-08-2023 Council Packet
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05-08-2023 Council Packet
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FILE #LA23-000008 <br />April 17, 2023 <br />Page 3 of 7 <br /> <br /> <br />Applicable Regulations: <br />Lot Area Variance (Section 78-350) <br />Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the <br />minimum area or width requirements for the respective zoning district. Substandard properties within the <br />Shoreland Overlay District, such as the subject lot, are able to be redeveloped without variances if specific <br />standards are met; such as: <br />1. All setback requirements can be met; <br />2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be <br />installed or the lot is connected to a public sewer; and <br />3. The impervious surface coverage meets all hardcover location and square footage restrictions of <br />this chapter and the total square footage of hardcover does not exceed 25 percent of the entire <br />lot area. <br />4. All other zoning district standards can be met. <br />The applicant’s request for variances results in the property’s inability to conform to all of the standards <br />above. Therefore, a lot area variance is required in order to redevelop the property. The ability to develop <br />the property consistent with other existing developed properties in the neighborhood would be limited if <br />the area variance is not granted. <br /> <br />Average Lakeshore & 75-foot Lakeshore Setback Variances (Section 78-1279) <br />Much of the existing home is situated lakeward of the average lakeshore setback and within the 75-foot <br />lakeshore setback. The applicant is proposing to demolish the existing home and rebuild on the existing <br />foundation. The proposal includes an expanded footprint for an attached garage within the 75-foot <br />lakeshore setback on the southern end of the property. The proposed 900 square foot attached garage <br />will be located where an existing detached, 745 square foot garage exists today. The applicant is proposing <br />a slight increase in square footage within the 75-foot setback with a total of 1,805 square feet of home to <br />be within the 75-foot lake setback. While the proposal does not include any expanded footprint in front of <br />the average lakeshore setback line, the proposed home will be significantly taller than the existing home, <br />which will add massing within the ALS. The applicant has explained that the taller home is in part due to <br />an increased roof pitch allowing for better insulation and ability to shed snow, which is currently an issue <br />with the existing home. The expanded footprint is depicted on the survey in Exhibit C and the additional <br />massing added can be clearly seen in the volume comparisons found in Exhibit G. The home will stand <br />approximately 7 feet taller than the existing home. The additional footprint within the 75-foot setback is <br />approximately 155 square feet. <br /> <br />Hardcover Variance (Section 78-1680) <br />The property is approximately 0.66 acres in a one acre minimum zoning district. The existing hardcover on <br />the property is just over the Tier 1 maximum of 25% total hardcover. The proposed development of the <br />property will reduce the overall hardcover and bring the lot into compliance with the hardcover limitation. <br />The proposed total hardcover will be 23.68%. However, City Code Section 78-1680 does not allow <br />hardcover (except for lake stairs, landings, etc.) with the 75-foot lakeshore setback. Much of the existing <br />home and two decks serving the home are located within the 75-foot setback. The applicant is proposing <br />to keep and rebuild on top of the existing foundation and keep the existing decks. The applicant is <br />requesting a variance to allow a total of 2,849 square feet of hardcover within the 75-foot lake setback, <br />where none is permitted. <br /> <br />Rear Setback Variance (Section 78-330) <br />The existing home is situated on the property 24.6 feet from the rear property line. The required rear <br />yard/street yard setback per the LR-1B District is 30 feet. The applicant is proposing to demolish the <br />existing home and to rebuild on the existing foundation. The applicant is choosing to expand the footprint
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