LA20-37 Combined - Laserfiche WebLink

Home Browse Search

FILE # LA20-000037 15 June 2020 Page 3 of 5 Applicable Regulations: Lot Area and Lot Width Variances (Section 78‐350) Zoning Code Section 78‐72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or 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 a hardcover variance results in the property’s inability to conform to all of the standards above. Therefore, lot area and lot width variances are also required in order to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Hardcover Variance (Section 78‐1700) The applicant is proposing 27% total site hardcover (3,136 square feet) where 25% is permitted; 264 square feet greater than the limit. The driveway width at the road is a pre‐existing condition. The proposed hardcover level is the result of the 26‐foot wide (3 stall) garage door, and the applicant’s use of the existing driveway width. The applicant has proposed reduction in the curb cut to reduce the hardcover although within the road ROW. The house has been moved away from the lake in an attempt to limit the additional hardcover. Keeping the same garage door width, and meeting the City’s driveway dimensional minimums, the driveway could be reduced by ±50 square feet by tapering as it joins with the property line/roadway (see Staff sketch). This would still result in a hardcover variance for ±26.8% and appears to be functional. 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