04-15-2024 Planning Commission Packet

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FILE #LA24-000006 April 15, 2024 Page 3 of 5 maximum of 25%. The property is nonconforming in both size and width. The proposal will reduce the hardcover from 33.9% to 29.6%, but will still require a variance to exceed 25%. The applicant could also consider the use of some permeable pavers in order to gain a 100 square foot credit. The Planning Commission should discuss the existing deck and pool that is to remain and how the reduction of that encorachment could bring the property closer to conformance. 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 subject property is substandard in both size and width. The property is 0.6 acres in size and 50 feet in width when the zoning district requires a minimum of 1 acre in size and 140 feet in width. The existing property is also over on hardcover and contains structures that are nonconforming to the required setbacks. The proposal is to demolish the existing home and build a new home that meets all required setbacks; however, the applicant is proposing to keep the existing deck and pool which are not conforming to the side yard setback. The overall project will reduce overall hardcover, but will not be brought down completely to compliance of 25%. The proposed project will bring the property closer to conformance and allow the applicant to rebuild on the substandard lot. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties 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. The proposal will reduce the overall hardcover on the site which is consistent with the goals of the Comprehensive Plan. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of a new single-family home is a reasonable use of the property. The proposed home will meet all required setbacks and reduce the overall hardcover on the site. This criterion is met. 11