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FILE #16-3814 <br />March 15, 2016 <br />Page 2 of 5 <br /> <br />35% hardcover; applicant proposes to construct the home to meet the hardcover limit. <br />However, the applicant’s surveyor failed to account for 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 /> <br />LOT ANALYSIS WORKSHEET (Variances noted in bold type) <br />RR-1B Zoning District Required/Allowed Proposed <br />Lot Area 2.00 ac. minimum 0.31 ac existing <br />Lot Width 200’ minimum 100’ existing <br />Proposed 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’ 53’ <br /> <br />Structural Coverage: <br />Total Lot Area Total Structural Coverage <br />13,533 s.f.+ (0.31 acre) Allowed: 15.0% (2,030 s.f.) <br />Proposed: 16.6% (2,240 s.f.) <br /> <br />Hardcover Calculations: <br />Stormwater <br />Overlay <br />District Tier <br />Total <br />Area in <br />Tier <br />Allowed <br />Hardcover <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 3 13,533 s.f. 4,736 s.f. (35 %) 0 s.f. (0.0 %) 3,249 s.f. (24.0 %) <br /> <br />APPLICABLE REGULATIONS <br /> <br />78-420: RR-1B Lot Standards & Setback Regulations. <br />Governing Regulations: Variance (Sec. 78-123). <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Planning Commission shall consider recommending <br />approval for variances from the literal provisions of the Zoning Code in instances where their <br />strict enforcement would cause practical difficulties because of circumstances unique to the <br />individual property under consideration, and shall recommend approval only when it is <br />demonstrated that such actions will 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-sheltered construction as defined in Minn. Stat. § 216C.06, <br />subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance <br />any use that is not permitted under this chapter for property in the zone where the affected person's <br />land is located. The board or council may permit 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 />Item #06 - PC Agenda - 05/16/2016 <br />File #16-3830 [Total Pages 24]