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FILE#16-3814 <br /> March 15,2016 <br /> Page 2 of 5 <br /> 35% hardcover; applicant proposes to construct the home to meet the hardcover limit. <br /> However, the applicant's surveyor failed to account far the deck in his structural coverage <br /> calculation. Because the top of the deck railing is more than 6 feet above existing grade, <br /> the deck counts toward structural coverage, yielding 16.6% where only 15% is allowed. <br /> This results in the need for an additional variance or redesign to avoid the variance. <br /> LOT ANALYSIS WORKSHEET (Variances noted in bold e) <br /> RR-1B Zonin District Re uired/Allowed Pro osed <br /> Lot Area 2.00 ac.minimum 0.31 ac existin <br /> Lot Width 200' minimum 100' existin <br /> Pro osed New Residence <br /> Front Street Setback 50' 30' <br /> (North Side Street Setback 50' 20' <br /> South Side Setback 30' 13.9' <br /> Rear 50' S3' <br /> Structural Covera e: <br /> Total Lot Area Total Structural Covera e <br /> 13,533 s.f.+ (0.31 acre) Allowed: 15.0% (2,030 s.£) <br /> Pro osed: 16.6% (2,240 s.f.) <br /> Hardcover Calculations: <br /> Stormwater Total Allowed Existing Proposed <br /> Overlay Area in Hardcover Hardcover Hardcover <br /> District Tier Tier <br /> Tier 3 13,533 s.f. 4,736 s.£ (35 %) 0 s.f. (0.0 %) 3,249 s.£ (24.0 %) <br /> APPLICABLE REGULATIONS <br /> 78-420: RR-1B Lot Standards & Setback Regulations. <br /> Governing Regulations: �'a►�iance(Sec. 78-123). <br /> In reviewing applications.for ��ariance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safetv and welfare of the communiry, existing and anticipated <br /> traffic conditions, light and air, danger offrre, risk to the public safery, and the effect on values of <br /> properry in the surroa�nding area. The Planning Commission shall consider recommending <br /> approval for variances from the literal pro>>isions of the Zoning Code in instances where their <br /> strict enforcement would cause practical difficulties because of circumstances unigue to the <br /> individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions wil! be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sbeltered construction as defined in Minn. Stat. § 2I6C.06, <br /> subd. 2,when in hannony with this chapter. The board or the council may not pennit as a variance <br /> any use that is not pennitted under this chapter for property in the zone where the affected person's <br /> land is located. The board or council may pennit as a variance the temporary use of a one-family <br /> dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff <br /> commentary in bold type): <br />