07-15-2024 Planning Commission Packet

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FILE #LA23-000036 15 July 2024 Page 2 of 4 Applicable Regulations: Hardcover Variance (Sections 78-1288 and 78-1700) The applicants are requesting approval for 116 square feet of hardcover. As with the 2020 review, there are very few areas on the property where hardcover can be reduced or removed. The length of the driveway and the steepness of the road approach are challenging, however, the previous variance approval provided relief in allowing a turnaround area to be created. Section 78-1681. Driveways, in general. All driveways shall comply with the following minimum dimensional standards: 1. Driveways serving end loading garages shall maintain a width equivalent to the width of all overhead doors extending 15 feet out from the garage doors. 2. Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). 3. Minimum driveway taper ratio shall be 2:1. 4. Driveways shall be at least eight feet in width at the street or private road. 5. A turnaround shall be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. 6. "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside to outside of the strips) will be considered hardcover. 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. 2, 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 requested variance to increase the hardcover level by an additional 116 square feet is not in harmony with the purpose of the Ordinance. While the substandard lot has difficulties in its slope, small size and depth, and unique configuration, the owners were allowed to create a minimal 100-square-foot back-up apron to allow better maneuverability. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The previously granted hardcover variance allowed the creation of a minimal turnaround addressing the owners’ safety concerns. The City code requires a 12’ x 8’ turnaround on residential driveways accessing an arterial or collector roadway. The applicants’ request for a 12’ x 18’ turnaround is inconsistent with the comprehensive plan. This criterion is not met. 129