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01-11-2016 Council Packet
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01-11-2016 Council Packet
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#15-3796 <br />7 Dec 2015 <br />Page 2 of 4 <br />Section 78-350 - Lot Area/Width: <br />DISTRICT Lot Area Lot Width <br />Required ` 21,780 s.f. (0.5 acres) 100' <br />Actual 27,600 s.f. (0.63 acre) 92' @ 75'/106' @ OHWL <br />Section 78-1403- Structural Coverage: <br />Total Lot Area <br />Total Structural Coverage <br />27,600 s.f. (0.63 acre) <br />Allowed: 4,140 s.f. (15%) <br />Proposed: 3,780 s.f. (13%) <br />Section 78-1680 and 78-1700 -Hardcover Calculations: <br />Stormwater <br />Total Area <br />Allowed <br />Overlay <br />in Zone <br />Hardcover <br />Existing Hardcover <br />Proposed Hardcover <br />District Tier <br />Tier 1 <br />27,600 s.f. 6,900 s.f. <br />6,030 s.f. <br />i <br />280 s.f. <br />6,055 s.f. <br />280 s.f. w/in <br />! (25%) <br />(21.8%) <br />w/in 75' <br />(22%) <br />75' <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (Section 78-1279(6)) <br />Because the property is a lakeshore lot and is situated between two lakeshore properties, the average <br />lakeshore setback requirement applies. The Abbott property and the Swenson property are configured as <br />opposing flag -shaped lots; the Swenson lot is wider at Casco Point Road and narrow at the lake, while the <br />Abbott property is narrow (30' wide) at Casco Point Road and 106 feet wide at the lake. This configuration <br />further adds to the deeper offset creating the average lakeshore setback. The +100 -foot offset of the <br />neighboring homes results in most of the Abbott home being nonconforming with respect to the average <br />lakeshore setback. Any expansion of the footprint or mass of the home will require an average lakeshore <br />setback variance. The applicant has provided construction plans as well as annotated site photos which reflect <br />the proposed changes to the Abbott home. Both neighbors have provided supportive comments about the <br />project and variance request (Exhibit G). The Swensons' view of the lake from their patio area is shown in the <br />applicant's photo (labeled as "exhibit C" on Exhibit F2). The additions to the Abbott home do not appear to <br />impact the Swensons' current view of the lake; nor do the additions appear to adversely impact lake views <br />from the Brown residence on the other side. <br />Governing Regulation: Var'!"—AMr a �ycdo: 78-1.23) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed <br />variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, <br />light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br />area. The Planning Commission shall consider recommending approval for variances from the literal provisions <br />of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of <br />circumstances unique to the individual property under consideration, and shall recommend approval only when <br />it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br />Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br />not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for <br />earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. <br />The board or the council may not permit as a variance any use that is not permitted under this chapter for <br />property in the zone where the affected person's land is located. The board or council may permit as a <br />variance the temporary use of a one -family dwelling as a two-family dwelling. <br />
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