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FILE #LA24-000024 <br />20 May 2024 <br />Page 2 of 4 <br /> <br /> <br />RR-1B DISTRICT Lot Area Lot Width <br />Required 87,120 s.f. (2.0 acres) 200’ <br />Actual 74,052 s.f. (1.7 acre) 230’ <br /> <br />Section 78-1403 – Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />74,052 s.f. (1.7 acre) Allowed: 14,810 s.f. (20%) <br />Proposed: 2,925 s.f. (3.9%) <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br />The property is outside of the stormwater quality district and is not subject to any hardcover <br />restrictions. <br /> <br />Applicable Regulations: <br />Lot Area Variance (Section 78-420) <br />Lots in the RR-1B District requires 2 acres in area to be conforming. This lot is only 1.7 acres. <br /> <br />The city code has an provision to allow development of substandard Lots of Record (Section 78-72). <br />This property does not qualify for this provision because due to the changes made by MNDoT, is no <br />longer considered a Lot of Record. A Lot of Record is any lot for which a deed or registered land <br />survey was recorded in the office of the register of deeds or the registrar of titles for Hennepin <br />County prior to January 1, 1975 . The property was originally platted as a conforming 2 acre parcel <br />in 1983. The lot was acquired and used by MnDOT to support the Highway 12 project. Following <br />the Highway’s completion, MnDOT offered the 1.71 acre parcel for sale as it was no longer needed <br />as right-of-way. <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 />requested lot area variance is the minimum necessary to develop the property and will <br />result in a new home that is conforming to all other zoning requirements. The request is in <br />harmony with the ordinance. <br />120