09-16-2024 Planning Commission Packet

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FILE # LA24-000044 16 Sept 2024 Page 3 of 5 building code standards for fire protection. The Building Official will review this at the time of the Building Permit plan review. The proposed grading plan and the need for additional drainage improvements will be reviewed by the City’s engineer at the time of the Building Permit plan review. Building Placement/Separation (Section 78-1438) Because of the small lot area, a variance to allow a reduction of the required 10-foot separation between buildings is also included. The applicant is proposing an approximate 5.5-foot separation between the garage and the home. Hardcover Variance (Section 78-1700) The property is within Tier 3 of the Stormwater Quality Overlay District which limits the hardcover on the property to a maximum of 35%. Although the proposal results in a reduction in hardcover from 42.5% to 39.3%, a 162 square foot decrease, a hardcover variance is required. 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 applicant is proposing to construct a detached garage and expanded front stoop on a residential lot which is consistent with the intent of the Ordinance. The setback variances are consistent with the general intent of the Ordinance. The variances requested to allow construction of the detached garage and expanded front stoop within the front, side, side street, and rear yard setbacks are reasonable considering the extremely limited buildable area of the property. The hardcover variance resulting in a reduction is also necessary. 2. The variance is consistent with the comprehensive plan. The variances supporting residential improvements within a residential zone are consistent with the Comprehensive Plan. 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 applicant’s proposals for an expanded front stoop and detached garage are reasonable on the residentially zoned property. The setbacks result in no buildable area on the site. b. There are circumstances unique to the property not created by the landowner; The owner did not create the difficulties on this property; and c. The variance will not alter the essential character of the locality. The proposed improvements will not adversely impact the character of the neighborhood. 9