09-16-2024 Planning Commission Packet

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FILE #LA24-000043 16 September 2024 Page 3 of 5 Section 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 10,965 s.f. 2,741 s.f. (25 %) 3,178 s.f. (29%) 2,995 s.f. (27.7%) Applicable Regulations: Side Yard Setback Variance (Code Section 78-350) The applicant is proposing a footprint addition and 2nd story addition (over the existing home). The existing home is situated within the required 7.5-foot side yard setback, as close as 5.3 feet. State Statute and City Code permit reconstruction of existing, legally nonconforming buildings to be reconstructed in kind. This project may or may not involve the complete removal and reconstruction of the existing home including the foundation (which is permitted). The proposed massing expansions within the substandard side yard setback (and lake and average lakeshore) associated with the 2nd floor addition require variances. Lake Setback and Average Lake Setback Variances (78-1279) The northeast triangle of the home on the lake side is located within 75 feet of the lake and is lakeward of the average lakeshore setback line. Approximately 265 square feet of the existing lakeside deck is also within the 75-foot setback. The applicant is proposing the second story over the footprint of the existing home, including the nonconforming portion within the lake and average lakeshore setbacks. The deck on the proposed plan will be reconstructed and the footprint will be reduced. Hardcover Variance (Code Section 78-1700) The applicant is removing the existing 624-square-foot garage (including the connecting tunnel), and some of the driveway hardcover in the street yard. The proposed change to the building coverage on the property does not increase the structural coverage level. The garage addition results in 19.6% structural coverage where 19.6% currently exists; 20% is the maximum structural coverage level permitted. The hardcover change proposed is a 183 square foot reduction overall; 27.7% hardcover is proposed, a reduction from the 29% existing condition. 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 requested setback variance to construct a second story over the existing home with a 5.3-foot setback from 46