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09-18-2023 Planning Commission Packet
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09-18-2023 Planning Commission Packet
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FILE #LA23-000052 <br />September 18, 2023 <br />Page 2 of 4 <br />LOT ANALYSIS WORKSHEET <br />Section 78-330 —Accessory Building Setbacks: <br />RR -1A District Accessory Building > 1,000 s.f. <br />Required <br />Proposed <br />Front/Street <br />100' <br />850' <br />Rear <br />100' <br />350' <br />North Side <br />50' <br />138' <br />South Side <br />100' <br />515' <br />*Accessory buildings may not be located streetward of the principal building. <br />Section 78-350 — Lot Area/Width: <br />RR -1A District <br />Lot Area Lot Width <br />Required <br />217,800 s.f. (5.0 acres) 300' <br />Actual <br />1,297,369 s.f. (29.65 1,458' <br />acres) <br />Section 78-1434 — Accessory Building Size Restrictions: <br />Total Lot Area <br />Total Structural Coverage <br />1,297,369 s.f. (29.65 acres) <br />Allowed: 17,424.6 s.f. (1.3% of total lot area) <br />Proposed: 2,800 s.f. (0.02%) <br />Applicable Regulations: <br />Accessory Building Placement Variance (Section 78-1440) <br />The City Code limits the placement of oversized accessory buildings to behind the principal building or <br />home. The rural districts within the City (RR -1A, RR -113) allow construction of accessory building <br />streetward of the home if they have less than a 1,000 square foot footprint. The proposed accessory <br />building has a footprint of 2,800 square feet and therefore requires a variance in order to be constructed <br />streetward of the principal building. <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 />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 />
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