Laserfiche WebLink
FILE # LA23-000064 <br />16 January 2024 <br />Page 2 of 4 <br /> <br /> <br />Section 78-350 – Lot Area/Width: <br /> <br />LR-1C DISTRICT Lot Area Lot Width <br />Required 21,780 s.f. (0.5 acres) 100’ <br />Actual 13,680 s.f. (0.3 acre) 50’ @ 75’ / 50’ @ OHWL <br /> <br />Section 78-1403 – Structural Building Coverage: <br /> <br />Total Lot Area Total Structural Coverage <br />13,680 s.f. (0.3 acre) Allowed: 2,736 s.f. (20%) <br />Existing: 1,968 s.f. (14.3 %) <br />Proposed: 2,544 s.f. (18.5%) <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 1 13,680 s.f. 3,420 s.f. <br />(25 %) <br />4,580 s.f. <br />(33.5%) <br />4,425 s.f. <br />(32.3%) <br /> <br />Applicable Regulations: <br />Hardcover Variance (Sections 78-72 & 78-1700) <br />The property has a legal nonconforming condition of 33.5% hardcover where 25% is allowed. City <br />Code Section 78-72 allows for the administrative approval of relocation or a change to an existing <br />legal nonconforming use. The request to change the driveway hardcover to building hardcover thus <br />increasing the mass of the nonconformity cannot be approved administratively. According to <br />Section 78-72(b)(3) which states that nonconforming non-structural hardcover may be relocated, <br />including full replacement provided that “the relocation does not physically enlarge the size of the <br />nonconforming use”. . . and “the relocation does not substantially change the character of the <br />nonconforming use”. <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 />65