07-15-2024 Planning Commission Packet

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FILE #LA24-000035 July 15, 2024 Page 2 of 4 Section 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 3 12,735 s.f. 4,457 s.f. (35 %) 2,842.5 s.f. (24.3%) 3,102 (22.3%) Applicable Regulations: Side and Rear Yard Setback Variances (Section 78-305) An attached deck must meet the required principal building setbacks. The setback requirements for the LR-1A District require a 50-foot rear yard setback and 30-foot side yard setback. The proposed deck will be 24 feet from both the side and rear property lines thus requiring variances. 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 size and width and contains a home that is nonconforming to the required setbacks. The home does not have a deck currently, and the construction of any deck on the rear of the home would require a variance. The home is currently 42 feet from the rear property line and the required setback is 50 feet. The proposed setback of 24 feet for both the rear and side yard setback is reasonable in respect to the lot’s substandard size. The proposal is well below the hardcover maximum of 35%. The request to develop a deck on a substandard lot is in harmony with the general intent of the Ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances allowing construction of a deck is consistent with the comprehensive plan. It is reasonable to expect some outdoor living space, such as a deck, for a single-family home. The subject property is substandard in size and unable to meet the setback requirements due to the placement of the home on the lot. The proposal is reasonable and unlikely to impact the neighboring properties. 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 proposal to construct a deck for a single-family home that does not currently have outdoor living space is reasonable. The existing home does not 46