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� L <br /> FILE#09-3422 <br /> • 12 August 20009 <br /> Page 3 of 3 <br /> ------------------------------------------------------------------------------------ <br /> Hardcover Variance <br /> The property contains a great deal of landscaping, patios, parking areas, pathways, walls and <br /> structures. While the applicants have proposed to reduce what exists by 1000 s.f. there is <br /> still proposed to be a considerable amount of hardcover on the property. <br /> Side Yard Setback Variances <br /> Neither the two-story living space addition nor porch addition meet the required 10' side <br /> setback requirement on their respective sides of the home. The porch is proposed to be set <br /> back 6.4' from the western side lot line and the living space addition is proposed at a 0' <br /> setback from the eastern side lot line, which is also the municipal boundary between the two <br /> cities, and functionally the middle of the property as it is has historically been used. <br /> Hardship Statement <br /> Applicant has completed the Hardship Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Hardship Analysis <br /> In considering applications for variance, fhe Planning Commission shall consider the <br /> etfect of the proposed variance upon the health, safefy and welfare of fhe community, <br /> exisfing and anticipated traffic conditions, light and air, danger of fire, risk to the <br /> public safety, and the effecf on values of property in the surrounding area. The <br /> Planning Commission shall consider recommending approval for variances from the <br /> literal provisions of the Zoning Code in insfances where their sfrict enforcement would <br /> cause undue hardship because of circumstances unique to the individual property <br /> under consideration, and shall recommend approval only when it is demonstrated thaf <br /> ,such actions will be in keeping with the spirit and intenf of the Orono Zoning Code. <br /> Staff continues to find that even with the proposed removals there is simply too much <br /> hardcover on the property. Further, although the property has not exceeded Orono's <br /> structural coverage limitation there are too many structures, too many patios, walkways, walls <br /> etc on such a small property located so close to Lake Minnetonka. The proposed additions <br /> aggravate the nonconformities on the property rather than offer a solution to the hardcover <br /> overages. The illegal deck constructed in 1988 continues to be an illegal nonconforming <br /> structure. This deck should be addressed officially along with any variance approvals. <br /> Issues for Consideration <br /> 1. Are there other storm water solutions available (other than patios and other <br /> hardcover) to protect the applicants' home from storm water? Rain gardens? <br /> Vegetative swales? Infiltration beds? <br /> 2. The Planning Commission should consider whether the proposed infiltration areas are <br /> an effort to make up for the excess hardcover rather than managing the storm water. <br /> 3. Considering the setback variance and the resulting/proposed 22' separation between <br /> the proposed covered porch and the neighboring home is the proposed access to <br /> light, air and open space reasonable? <br /> 4. Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Planning Staff recommends approval of the setback variances for the two additions, approval <br /> of the illegal deck — making it legal — however staff continues to recommend denial of the <br /> hardcover variance levels as proposed. <br />_� <br />