10-19-2025 - Agenda Packet Planning Commission - PC Packet

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FILE # LA25-000042 20 October 2025 Page 3 of 5 Section 6.12.9210 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 19,798 s.f. 4,949.5 s.f. (25 %) 6,427 s.f. (32.5%) 6,425 s.f. (32.5%) Applicable Regulations: Lot area and Lot Width Variances (Sections 6.12.320 and 6.12.1550) Zoning Code Section 6.12.320 provides options for the redevelopment of lots that do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District may be redeveloped without variances from lot size and width requirements if the following standards are met: 1. All setback requirements can be met. 2. The lot is connected to a public sewer, and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter, and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant’s request for additional variances results in the property’s inability to conform to all of the standards above. Therefore, lot area and lot width variances are also required to redevelop the property. The ability to develop the property in a manner consistent with other developed properties in the neighborhood would be limited if the lot width and lot area variances are not granted. Hardcover Variance (Chapter 6.12 Section 9210) With redevelopment, applicants are guided to design their plan to be as conforming as possible to the current code requirements. The existing hardcover level of 32.5% exceeds the allowed 25% by 1,477 square feet. The applicants are proposing a minimal reduction of the total site’s hardcover level of two (2) square feet (bringing the amount from 6,427 square feet to 6,425 square feet). Staff encourages a greater reduction in hardcover. Further, the property is located on Shadywood Road (CSAH 19), which requires a minimal driveway turnaround area, which, according to Section 6.12.9120(5), is 8’ x 12’. The applicants’ plan reflects an approximate 10.5’ x 17.5’ turnaround that appears to also serve as the sidewalk to the front door. Staff suggests reducing the concrete walk to the minimum turnaround size to reduce the hardcover by an additional 87 square feet, and reducing the size of the proposed sidewalks and terrace. Removal of the portions of the lakeside terrace to meet the 10-foot side yard setback (±125 square feet) and reduction of the driveway turnaround would result in a reduction of approximately 212.75 square feet or a 1.2% reduction. Governing Regulation: Variance (Section 6.12.530) 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 108