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FILE #LA23-000038 <br />21 Aug 2023 <br />Page 2 of 4 <br /> <br /> <br />Section 78-1403 – Structural Building Coverage: <br /> <br />Total Lot Area Total Structural Coverage <br />14,485 s.f. (0.33 acre) Allowed: 2,897 s.f. (20%) <br />Existing: 1,612 s.f. (11%%) <br />Proposed: 1,612 s.f. (11%) <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br /> <br />Stormwater <br />Overlay District <br />Tier <br />Total Area in <br />Zone <br />Allowed <br />Hardcover <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 2 14,485 s.f. 4,345 s.f. <br />(30 %) <br />2,577 s.f. <br />(17.7%) <br />2,626 s.f. <br />(18.1%) <br /> <br />Applicable Regulations: <br />Front Yard Setback Variance (Section 78-350) <br />The home was constructed at the required 30-foot building setback leaving no room for more than <br />the minimal required stoop of 3’x4’ within the setback. The landing for the existing minimal stoop is <br />situated at approximately 27 feet from the front property line; the proposed stoop will be 22 feet <br />from the front lot line. <br /> <br />It is possible that, in the near future, the property owner will require accessibility accommodations <br />including a ramp to access the home through the front door the proposed front deck would be <br />permitted. However, as the applicant is not proposing the accessible ramp at this time the deck <br />requires a setback variance. <br /> <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 />variance to construct an 8’x 8’ entry deck in place of a minimal stoop within the setback is <br />in harmony with the purpose of the Ordinance.