06-20-2023 Planning Commission Packet

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FILE #LA23-000025 20 June 2023 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-395 — Setbacks: RR -1A / PRD Required per PRD Existing Proposed Front 50' 142' home 72' detached garage Rear 50' 177' home No change West Side 30' 135' home 63' detached garage East Side 30' 68.1' home 183' detached garage The lot area of 2.6 acres is conforming within the PRD as the outlot open spaces make up the difference between the RR -1A district requirements and the approved lot sizes from a density standpoint. The property exceeds 1.99 acres therefore there is no structural coverage limitation. RR -1A Required Lot Area PRD Established Lot Area 217,800 square feet / 5 acres 114,112 square feet /2.6 acre Applicable Regulations: Variance to Permit an CAB Streetward of the Princiaal Building (City Code Section 78-1440) Section 78-1440 states that within RR -1A and RR -113 districts, an accessory building less than 1,000 square feet may be located streetward of the principal building provided principal building setbacks are met; and the accessory building is consistent in design, color and exterior material with the principal building. The applicant is prosing to locate the detached garage approximately 71 feet closer to the front lot line than the home on the property. 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. Construction of an accessory building is consistent with the intent of the Ordinance. However, the size of the building proposed in the location proposed does not meet the intent of the Ordinance. The applicant has alternative solutions and has not demonstrated that their request is in harmony with the Ordinance. This criterion is not met.