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FILE # LA24-000008 <br />18 March 2024 <br />Page 2 of 4 <br /> <br /> <br /> <br />LOT ANALYSIS WORKSHEET <br /> <br />Section 78-1680 – 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 2 133,503 s.f. 40,050 s.f. <br />(30 %) <br />11,091 s.f. <br />(8.3%) <br />11,862 s.f. <br />(8.9%) <br /> <br />Applicable Regulations: <br />Driveway Width/Hardcover Variance (Section 78-1282) <br />The property is classified as Tier 2 based on its setback from Long Lake and is limited to 30% total <br />hardcover. However, within the areas of the property inside the 75-foot setback of the creek <br />hardcover is limited to the minimum necessary to serve the property (Cite 78-1680 & 78-1282). A <br />driveway no wider than 8 feet is permitted within the tributary setback zone if the property has no <br />other frontage on or access to a public or private road. <br /> <br />The applicant’s request to permit a 12-foot wide driveway where a maximum 8-foot wide driveway <br />is permitted results in an additional 737 square feet of hardcover within the 75-foot setback from <br />the creek. <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 />proposed variance is not in harmony with the intent and purpose of the Ordinance. The <br />goal of the ordinance is to reduce or eliminate improvements within 75 feet of the creek, <br />by providing for minimal driveway access. The proposal includes expanded improvements <br />within the creek setback. This criterion is not met. <br />2. The variance is consistent with the comprehensive plan. The proposed variance to increase <br />the hardcover level within the 75-foot creek setback is not consistent with the <br />comprehensive plan. Reasonable access is established by the permitted 8-foot wide <br />driveway accessing the residential home on the property. This criterion is not met. <br />7