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FILE #LA24-000023 <br />May 20, 2024 <br />Page 2 of 4 <br /> <br /> <br />Rear Yard 15’ 10.5’ <br /> <br />Section 78-350 – Lot Area/Width: <br />LR-1A District Lot Area Lot Width <br />Required 87,120 s.f. (2.0 acres) 200’ <br />Actual 30,483.77 s.f. <br />(0.7 acre) 158’ <br /> <br />Section 78-1403 – Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />30,483.77 s.f. (0.7 acre) Permitted: 6,096.75 s.f. (20%) <br />Existing: 2,487.52 s.f. (8%) <br />Proposed: 2,781.88 s.f. (9%) <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br />Stormwater <br />Overlay District <br />Tier <br />Total Area Allowed <br />Hardcover <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 3 30,483.77 s.f. 10,669.3 s.f. <br />(35 %) <br />7,435.48 s.f. <br />(24.39%) <br />8,032.47 s.f. <br />(26.35%) <br /> <br />Applicable Regulations: <br />Accessory Building Setbacks – Side & Rear Yard (Section 78-305) <br />The subject property is located in the LR-1A Zoning District. This district requires a minimum of a 15-foot <br />side yard and rear yard setback for an accessory building under 1,000 square feet. The proposed accessory <br />building is 528 square feet and located 2.6 feet from the side property line and 10.5 feet from the rear <br />property line. All other zoning requirements including hardcover and structural coverage are met. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed <br />variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, <br />light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br />area. The Planning Commission shall consider recommending approval for variances from the literal <br />provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties <br />because of circumstances unique to the individual property under consideration, and shall recommend <br />approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br />Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical <br />difficulties also include but are not limited to inadequate access to direct sunlight for solar energy <br />systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br />subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any <br />use that is 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 as a <br />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 subject <br />property is able to accommodate an accessory building that meets all required setbacks. The <br />proposed variances to allow the new accessory building to be constructed withing 2.5 feet of <br />the side property line and 10.5 feet from the rear property line without demonstrating <br />93