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03-20-2017 Planning Commission Packet
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03-20-2017 Planning Commission Packet
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• <br /> FILE#17-3919 <br /> 20 Mar2017 <br /> Page 2 of 5 <br /> Section 78-1403-Structural Coverage: <br /> Total Lot Area Total Structural Coverage <br /> 85,950 s.f. (1.9 acres) Allowed: 12,892 s.f. (15%) <br /> Existing: 4,432 s.f. (5.1%) <br /> Proposed: 4,667 s.f. (5.4%) <br /> Note:Structural Coverage regulation was amended by the City Council on March 13, 2017, <br /> raising the limit to 20%of the lot area, and adjusting what is calculated. <br /> Sections 78-1680 and 78-1700-Hardcover Calculations: <br /> Stormwater Total Area Allowed <br /> Overlay District in Zone Hardcover Existing Hardcover Proposed Hardcover <br /> Tier <br /> Tier 1 85,950 s.f. 21,487 s.f. 12,895 s.f. 3,710 s.f. 13,130 s.f. 3,803 s.f. <br /> (25%) (15%) w/in 75' (15.2%) w/in 75' <br /> Applicable Regulations: <br /> Lake Setback Variance(Section 78-305) <br /> Nearly the entire home is situated within 75-feet of the OHWL of the lake. The home is as close <br /> as 30 feet to the lake;the proposed addition to the home is set back 64 feet from the OHWL. <br /> Hardcover Variance(Section 78-1680) <br /> The property hardcover calculation is below the permitted 25% level.The majority of the <br /> existing home (plus some patios and driveway hardcover) is within the 75-foot setback <br /> accounting for 3,710 square feet or 4.3%of the site's hardcover.The addition will add 93.2 <br /> square feet of hardcover within the 75-foot setback. <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 />
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