06-12-2023 Council Packet - Laserfiche WebLink

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