01-17-2017 Planning Commission Packet

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FILE#17-3889 17 Jan 17 Page 2 of 4 Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 3 20,305 s.f. 7,106 s.f. 2,114.8 s.f. 2,534.8 s.f. (35 %) (10%) (12.5%) Applicable Regulations: Setback Variances(Section 78-420) In the area of the home,the subject property has a width between 53 feet and 61 feet; the home is 24 feet wide. The applicants have proposed an addition to the home on the north side, which encroaches into both the side street and side setback areas of the property. A 50 foot setback is required from Briar Street, and a 30 foot setback is required from the east side lot line.The 21-foot wide addition is proposed to encroach as much as 32 feet into the side street setback and 12.1 feet into the side setback. 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 applicants propose to construct an addition to the existing residence on a residential property which is in line with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for an addition to a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;The request to permit additions to the existing home within the 50 foot side street and 30 foot side setback areas appears to be reasonable as the adjacent properties do not appear to be adversely impacted;the encroachments will not extend closer to the road, front lot line, or the east property line than the existing home.