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FILE #LA23-000017 <br />May 15, 2023 <br />Page 3 of 6 <br />section requires that accessory buildings on lake lots with garage doors facing a street shall meet the <br />applicable principal building setbacks for the district. This regulation changes the required setback for the <br />new detached garage from 10 feet to 30 feet due to the garage doors facing the Tonkawa Road. The <br />applicant is requesting a variance to allow the new accessory building to be located 10 feet from the rear <br />property line due to significant topographical changes on the property making it difficult for the <br />construction of the accessory building to be located elsewhere on the lot. <br />Driveway Width Variance (Section 78-1681) <br />The proposed detached garage is located 10 feet from the rear property line and has three bays. The City <br />Code limits driveway widths to 20 feet at the property boundary. Due to the significant topographical <br />changes on the lot, the new garage is placed closer to the rear property line with the garage doors facing <br />the street. The City Code (78-1681) requires the driveway to maintain the minimum width of the garage <br />doors to extend 15' before tapering. The proposed garage is 39 feet wide and the 10 -foot setback does <br />not allow for the tapering of the driveway to the 20 -foot maximum width. Therefore, the applicant is <br />requesting a variance to allow a 34 -foot -wide driveway at the property line where a 20 -foot width is <br />permitted. The existing property has an existing shared driveway with the neighbor that will partially need <br />to remain. The property also currently has a parking pad where the new garage is to be located. The <br />current width of the driveways on the property are similar to what is being proposed. The applicant is <br />required to obtain County approval for the proposed curb cut as Tonkawa Road is a County road. <br />Hardcover Variance (Section 78-1700) <br />The existing property is over the maximum hardcover of 25% per the Stormwater Overlay District. The <br />current property is approximately 35% hardcover. The proposed project will remove portions of the <br />existing driveway and the existing garage. The project will reduce the property's overall hardcover to 32%, <br />bringing it closer to conformance. <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 />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances <br />for the construction of a new accessory building and driveway are supported by practical <br />difficulties. The lot has significant topographical challenges that prevent the new garage to be <br />placed further from the rear lot line. The proximity of the garage to the rear lot line also creates <br />difficulties in adhering to driveway width requirements. The applicant is proposing to reduce <br />the total hardcover on the site bringing it closer to conformance with the Ordinance. This <br />