06-20-2023 Planning Commission Packet

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FILE #LA23-000022 June 20, 2023 Page 2 of 4 Section 78-1403 — Structural Building Coverage: Total Lot Area Total Structural Coverage 87,123 s.f. (0.36 acre) Allowed: 17,424.6 s.f. (20%) District Tier Existing: 3,257 s.f. (3.7%) Proposed: 4,168 s.f. (4.8%) Section 78-1700 — Hardcover Calculations: Stormwater Overlay Allowed Hardcover Existing Hardcover Proposed Hardcover District Tier Tier 1 21,780.8 s.f. 16,207 s.f. 17,520 s.f. (25%) (18.6%) (20.1%) Applicable Regulations: Accessory Building Placement Variance (Section 78-1440) The City Code limits the placement of accessory buildings to behind the principal building or home. The rural districts within the City (RR -1A, RR -113) allow construction of accessory building streetward of the home meeting all principle structure setbacks. However, the subject property is located within a Lakeshore Residential District (LR -1A) and the proposed placement of the garage requires a variance. 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 variance for the construction of a new accessory building is supported by practical difficulties. The placement of the existing home on the lot prevents a compliant location for an accessory building. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variance resulting in the construction of a new accessory building in a residential zone is consistent with the Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the land supporting their requests. This criterion is met. 3. The applicant establishes that there are practical difficulties.