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FILE #LA23-000032 <br />July 17, 2023 <br />Page 2 of 5 <br />Actual 18,831 s.f. (0.43 acre) 150' <br />Section 78-1403 — Structural Building Cover <br />Total Lot Area Total Structural Coverage <br />18,831 s.f. (0.43 acre) Allowed: 3,766.2 s.f. (20%) <br />Proposed: 2,927 s.f. (15.5%) <br />Section 78-1680 and 78-1700 — Hardcover Calculations: <br />Stormwater <br />Allowed <br />Proposed <br />Overlay District <br />Hardcover <br />Hardcover <br />Tier <br />6,590.9 s.f. <br />4,288 s.f. <br />Tier 3 <br />(35 %) <br />(22.7%) <br />Applicable Regulations: <br />Lot Area & Lot Width Variances (Section 78-305) <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, such as <br />the subject lot, are able to be redeveloped without variances if specific 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 35 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, lot area and width variances are required in order to redevelop the property. The ability <br />to develop the property consistent with other existing developed properties in the neighborhood would <br />be limited if the area variance is not granted. <br />Rear Setback Variance (Section 78-305 <br />The applicant is proposing to construct the proposed home 45 feet from the rear property line, where a <br />50 -foot setback is required. The existing home on the site is approximately 41 feet from the rear property <br />line. The proposed home will improve the rear yard setback, but due to property constraints is unable to <br />meet the 50 -foot requirement of the code. <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 />