08-17-2015 Planning Commission Packet

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#15-3767 11 August 2015 Page 3 of 5 Applicable Regulations: Side Setback Variance (Section 78-350) The proposed 1 % story addition to the home and attached garage will encroach into the side yard setbacks as close as 2 feet from the north side lot line and 3 feet from the south lot line. The existing detached garage, situated 1 foot from the north lot line,will be removed. Adjacent to the garage, on the neighbor's property, is an existing shed. Lake Setback Variance (Section 78-1279) The existing home is 35 feet from the OHWL. The applicant is proposing to construct a 1 %2 story addition over the new garage addition and existing footprint and will maintain the existing 35 foot setback. Avera�e Lakeshore Setback Variance (Section 78-1279) The home on the property currently encroaches up to 5 feet into the average lakeshore setback. The applicant is proposing a 1%story addition on the existing footprint within the same setback. The portion of the home addition encroaching into the average fakeshore setback is shown to be an open, covered porch. Structural Covera�e Variance (Section 78-1403) The property currently exceeds the allowed 1,500 square feet of structure afforded to properties less than 10,000 square feet in area by 281 square feet (1,781 square feet). The applicant's proposal continues to exceed the structural coverage allowance but reflects a 9 square foot reduction for a total proposed structural coverage amount of 1,772 square feet. Hardcover Variance (Sections 78-1680& 78-1700) At 54%, the property exceeds the allowed 25% hardcover for a Tier 1 property. The applicant's proposal reflects a slight increase to 56% hardcover(an increase of 172 square feet). The proposed increase to 56% is the result of attaching the garage to the home and the additional driveway needed to access the garage. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the hea/th, safety and we/fare 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 approva/for variances from the litera/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 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 §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.