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FILE#17-3914 <br /> March 20,2017 <br /> Page 2 of 4 <br /> Section 78-1700-Hardcover Calculations: <br /> Stormwater Total Area in Allowed Existing Proposed <br /> Overlay District Zone Hardcover Hardcover Hardcover <br /> Tier <br /> Tier 2 16,847 s.f. 5,054 s.f. 2,884 s.f. 3,071 s.f. <br /> (30%) (17.1%) (18.2%) <br /> Applicable Regulations: <br /> Side Yard Setback Variances (Code Section 78-330) <br /> The applicants are proposing to expand the main floor of the home on the northwest side;the <br /> 16'x 16' upper level addition will not encroach closer to the side lot line than the home <br /> currently, it will be constructed on posts. The home and the property line are situated at an <br /> angle;the applicants' home is set back 0.3 feet from the lot line. With the proposed offset,the <br /> addition to the rear of the home will be as close as 3 feet from the lot line where a 10 foot <br /> setback is required. <br /> Governing Regulation:Variance (Section 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 <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the 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 <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance.The <br /> proposed addition is residential in nature. Due to the orientation of the adjacent <br /> properties and the homes on each property,there is adequate space for light,air and <br /> open space between the addition and the neighboring home.The variance is in <br /> harmony with the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The variance allowing <br /> improvements to a single family residence in a residential zone are consistent with the <br /> Comprehensive Plan as well as the character of the neighborhood. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The request to permit construction of an <br /> addition to the home,within the 10 foot side setback appears to be reasonable <br />