09-19-2011 Planning Commission Packet

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� FILE#11-3525 15 September 2011 . � Page 3 of 4 ------------------------------------------------------------------------------------ Hardcover Variance The applicant is requesting a variance to allow 29.9% hardcover within the 75' to 250' zone where 25% is normally allowed. Within the 0-75' ione the existing lake access stair system is proposed to remain, resulting in 2% hardcover. ' Rear/Street Yard Setback Variance The applicant is proposing to construct a detached garage with street facing doors 15 feet from Tonkawa Road (CSAH 135)where a 30 foot setback is required. The plan was designed with a 15 foot setback to allow for more open space between the home and garage; to reduce the proposed hardcover and to avoid importing excessive amounts of dirt fill to the site to move the garage further from the road. The narrowness of the lot makes it difficult to face the doors away from the street and have an adequate and functional driveway to serve the property. Code section 78-1288(d)(5) requires that a turnaround be provided on-site for a driveway with direct access to collector roadways; Tonkawa Road is a collector road. The code also provides direction for the minimum dimensions of a turnaround to be 8 feet wide by 12 feet deep. A portion of the existing off-site curb cut is wider than normal which may currently function as a turnaround. However, in the future at Hennepin County's discretion Tonkawa Road will/may be re-paved and this existing paved area could be eliminated. Practical Difficulties Statement Applicant should be asked for testimony regarding the application. Practical Difficulties Analysis In considering applications for variance, the P/anning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated tra�c conditions, light and air, danger of fire, risk to #he public safery, and the effect on values of property in the surrounding area. The P/anning Commission shall consider recomrriending approval for variances from the litera/ provisions of the Zoning Code in - instances where their strict enforcement would cause prdctica/ di�culties because of circumstances unigue to the individua/ property under consideration, and shall recommend approva/only when it is demonstrated that such actions will be in keepinq with the spirit and intent of the Orono Zoning Code. Staff finds practical difficulties exist which support the granting of hardcover variances for the property: at 50 feet, the lot is narrow and the topography adds to the difficulty of locating a home and garage on the lot; the steepness of the property from the road to the lake creates an issue with regard to stormwater drainage and the location of the existing homes on either side tend to bring the proposed home closer, to the lake requiring either a longer driveway or sidewalks to access the home. However, adequate space should be provided on the subject property for the parking of vehicles as well as a safe turnaround so that backing out on Tonkawa Road isn't the only option. The request tb locate the garage at 15 feet provides for neither the adequate turn around nor the space to park additional vehicles on the property. The necessary increase in hardcover to'�allow the additional 15 feet of driveway(resulting in 30 feet total) and a small bump out in the driveway to function as a turnaround is supported by the practical difficulties listed for the hardcover variance above and further supported by the property's need to access off the County road. �