04-17-2017 Planning Commission Packet

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FILE#17-3927 17 Apr 2017 Page 2 of 5 Section 78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43.560 s.f. (1.0 acres) 140' Actual 55,025 s.f. (1.26 acre) 206' @ 75'/235'@ OHWL Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 55,025 s.f. (1.26 acre) Allowed: 11,005 s.f. (20%) Existing: 2,776.6 s.f. (5%) Note:The Structural Coverage regulations were amended by the City Council on March 13, 2017, raising the limit from 15%to 20%of the lot area. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 55,025 s.f. 13,756 s.f. 4,495 s.f. 4,495 s.f. (25%) (8.17%) (8.17%) Applicable Regulations: Variance (Section 78-1279) The entire home on the subject property is situated lakeward of the average lakeshore setback line as determined by the two adjacent neighboring homes. City Code Section 78-1279 requires all new structure to be located at or streetward of the average lakeshore setback line.The applicants' addition is proposed to be constructed over the existing garage,and will encroach no closer to the lake than the existing home. 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.