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FILE #LA23-000024 <br />20 June 2023 <br />Page 2 of 4 <br /> <br /> <br /> <br />Section 78-420 – Lot Area/Width: <br /> <br />RR-1B Lot Area Lot Width <br />Required 87,120 s.f. (2.0 acres) 200’ <br />Actual 45,141 s.f. (1.0 acre) 185’ <br /> <br />Section 78-1403 – Structural Building Coverage: <br /> <br />Total Lot Area Total Structural Coverage <br />45,141 s.f. (1.0 acre) Allowed: 9,028 s.f. (20%) <br />Existing: ±3,600 s.f. (8%)* <br />Proposed: ±3,950 s.f. (8.7%) <br />*Staff calculated using aerial photo and 1991 survey. <br /> <br />Applicable Regulations: <br />Front Yard Setback Variance (City Code Section 78-420) <br />The applicants are proposing a small, 350 square foot garage addition. The garage addition is <br />proposed in a location connecting to the existing, attached garage and will be accessible to the <br />existing driveway. The property was platted in 1962 and predates our current zoning regulations for <br />the area. The property is legally nonconforming with respect to area and width for the RR-1B zoning <br />district. The existing home is angled on the property toward the corner of Brown and Fox Ridge; <br />there is a wetland in the southeast corner of the property and the septic system area limit locations <br />to construct a functional garage addition. The mature screening on the Brown Road side of the <br />property and the driveway and home’s orientation to the neighborhood road (Fox Ridge Road) <br />results in Fox Ridge Road being perceived as the front. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in instances where their strict <br />enforcement would cause practical difficulties because of circumstances unique to the individual <br />property under consideration, and shall recommend approval only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br />not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be <br />granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in <br />harmony with this chapter. The board or the council may not permit as a variance any use that is <br />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 <br />as a two-family dwelling. <br /> <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 <br />proposed 46-foot setback for the garage addition is in keeping with the character of the <br />neighborhood as Brown Road functions as a side street. The property has a limited <br />buildable area due to the wetland and substandard size. The requested variance is in