03-18-2024 Planning Commission Packet

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FILE #LA24-000012 March 18, 2024 Page 3 of 5 Side and Rear Setback Variances (Section 78-350) The existing detached garage is 20 feet from the front property line and 2.4 feet from the side property line. The existing accessory building is proposed to be attached to the new home and therefore making it part of the primary building and subject to primary building setbacks. The existing footprint does not meet the required 30-foot front yard setback or the 7.5 side yard setback on the north side and therefore variances are required. The applicant is also proposing to expand the second story above the garage within the setback which is an expansion and requires variance approval. The second story above the garage is partially enclosed but then entire area above the garage is roofed. Because of the roof over the entire footprint of the existing garage the front and side yard setbacks are required. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances required for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. The new home will connect to an existing detached garage on the property that is nonconforming. The existing structure is permitted to remain and be rebuilt per City Code. Making the existing footprint part of the primary building requires a front yard setback of 20 feet instead of the zoning districts requirement of 30 feet and a side yard setback of 2.4 feet when 7.5 feet is required. The existing detached garage is two stories and the proposal includes the expansion of this second story within the setbacks. The applicant has made efforts to pull the enclosed area away from the property lines to minimize impacts to neighbors, however the second story above the garage will be fully roofed. The third story has been pulled back to meet the required setbacks of the district. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot width, and existing conditions present. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances resulting in a new single- family home is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. This criterion is met. 3. The applicant establishes that there are practical difficulties. 85