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FILE #LA23-000022 <br />June 20, 2023 <br />Page 2 of 4 <br /> <br /> <br /> <br />Section 78-1403 – Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />87,123 s.f. (0.36 acre) Allowed: 17,424.6 s.f. (20%) <br />Existing: 3,257 s.f. (3.7%) <br />Proposed: 4,168 s.f. (4.8%) <br /> <br />Section 78-1700 – Hardcover Calculations: <br />Stormwater Overlay <br />District Tier Allowed Hardcover Existing Hardcover Proposed Hardcover <br />Tier 1 21,780.8 s.f. <br />(25 %) <br />16,207 s.f. <br />(18.6%) <br />17,520 s.f. <br />(20.1%) <br /> <br />Applicable Regulations: <br />Accessory Building Placement Variance (Section 78-1440) <br />The City Code limits the placement of accessory buildings to behind the principal building or home. The <br />rural districts within the City (RR-1A, RR-1B) allow construction of accessory building streetward of the <br />home meeting all principle structure setbacks. However, the subject property is located within a <br />Lakeshore Residential District (LR-1A) and the proposed placement of the garage requires a variance. <br /> <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 />use that is 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 as a <br />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 variance for <br />the construction of a new accessory building is supported by practical difficulties. The placement <br />of the existing home on the lot prevents a compliant location for an accessory building. This <br />criterion is met. <br /> <br />2. The variance is consistent with the comprehensive plan. The variance resulting in the <br />construction of a new accessory building in a residential zone is consistent with the <br />Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the <br />land supporting their requests. This criterion is met. <br /> <br />3. The applicant establishes that there are practical difficulties.