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FILE # 16-3851 9 Aug 2016 Page 3 of 5 Applicable Regulations: Rear and Side Yard Setback Variances (Code Section 78-1434) The property is a corner lot. By definition, as the short side, Shoreline Drive is considered the “front” yard for setback purposes; the south lot line is the rear. The garage exceeds 1,000 square feet and is therefore defined as an oversized accessory structure (OAS) requiring additional setbacks. The property owner would like to construct a second story over the OAS, an upward expansion, to allow for storage and living space on the second level. Because the OAS does not meet the required 30-foot setbacks from all property lines, variances are required. A side setback variance is requested to allow expansion of the second story 28.4’ from the side lot line where a 30-foot setback is required; additionally a variance is requested to allow expansion 11.9’ from the rear lot line where a 30-foot setback is required. Building to Building Separation Variance (Code Section 78-1438) The code requires a 10-foot separation between buildings to reduce the appearance of massing. The existing screen porch structure is 10 feet from the nearest garage corner, however the property owner proposes to construct the addition in line with the foundation of the west side of the house to the extent of the existing deck. This results in a one foot encroachment into the 10’ separation requirement from corner to corner. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed addition and second story on the garage are residential in nature. There is adequate space for light air and open space between the proposed addition and garage; the proposed second story addition will not further encroach into the rear or side setbacks. The variances are in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of improvements to a single family residence and residential garage in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties.