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FILE #LA23-000028 20 June 2023 Page 3 of 5 Front Yard, Side Yard, Rear Yard Setback Variances (City Code Section 78-305) The applicants are proposing to construct a new home and are requesting setback variances as follows: 1. A 27-foot front setback where a 50-foot setback is required; 2. A 10-foot side yard setback from the north, side lot line where a 30-foot setback is required; and 3. A 34.7’ rear setback where a 50-foot setback is required. Many of the homes in the immediate neighborhood are nonconforming with respect to area and/or width. Additionally, many of the neighboring homes have nonconforming setbacks. The applicants have designed their home to follow a previous variance approval for the property (Resolution 5078, attached as Exhibit H). Hardcover Variance within 75-foot Creek Setback and 75-foot Creek Setback Variance (City Code Sections 78-1279; 78-1288 & 78-1680) Stubbs Bay Creek is a protected tributary which requires a 75-foot structural setback and hardcover restrictions. The creek setback significantly impacts the east and south sides of the property. The new home plan was designed to follow the previously approved plan which attempted to minimize hardcover within the creek setback. 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 applicants are proposing to construct a new single-family home on a residential lot which is consistent with the intent of the Ordinance. The lot area variance is consistent with the general intent of the Ordinance. The variances requested for creek setback, front, side, and rear yard setbacks are reasonable considering extremely limited buildable area of the property. The hardcover variance is also necessary due to the extreme creek setback. 2. The variance is consistent with the comprehensive plan. The variances supporting a new single-family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not