10-19-2015 Planning Commission Packet

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� � #15-3787 14 October 2015 Page 3 of 5 garage total 1,782 square feet. The current structural coverage level is at 14.6% where 15% is allowed. In 2014 the previous owners applied for and received a structural coverage variance to permit an additional 289 square feet of structure to be added to the property consisting of an addition to the home (145 s.f.) and a proposed two story shed (144 s.f.). This shed had a 2-foot cantilevered top floor. The current owners are requesting approval to construct a 289 square foot detached garage in the location of the previously approved 12'x12' shed. This results in the same 289 additional square feet of calculable structure on the property resulting in 16.9% structural coverage where 15%is allowed. Due to the proposed driveway to serve the garage additional driveway hardcover would be added, resulting in 24.9% hardcover. The new garage proposed will be 19.25 feet wide and 19 feet deep on the(top)garage level(365.7 square feet) with a 2 %-foot roof overhang. The lower level is 19 feet wide by 15 feet deep (289 square feet). The additional 4 feet of depth on the garage level is proposed to be achieved with a cantilevered floor. The definition of"building footprint", does not count the cantilevered floor area because it is greater than 4 feet above grade. While the Code defines"building footprint" as described, staff suggests the additional 4-foot cantilevered garage floor with 2%2-foot roof overhang exacerbates the massing effect of the proposed garage and suggests inconsistency with the intent of the ordinance. The mass of the garage level if it were calculable toward building footprint would result in 318.2 square feet above the 15% limitation, or 17.6%. Second Drivewav Approach (Section 18-136 (a)) Due to the location of the proposed garage a second driveway access would need to be approved. According to City Code Section 18-136 (a) one driveway approach is permitted per property. In addition to the structural coverage variance, a variance to allow a 2"d driveway approach will be needed. This requirement is not within the zoning code therefore a public hearing for this variance is not necessary;the City Council shall consider this additional variance. Governin� Re�ulation: 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 P/anning Commission shal/consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement wou/d cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approva/on/y 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. The applicant proposes to construct a new detached garage resulting in a net increase of