06-19-2017 Planning Commission Packet

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FILE#17-3942 19 June 2017 Page 3 of 5 restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicants' need for setback variances results in the property's inability to conform to#1 above.Therefore, lot area and width variances are also required in order to redevelop the property. Side Yard & Front Yard Setback Variances (Sec. 78-350) The applicant's proposal involves reusing the existing foundation and much of the existing deck footprint for the new home.The proposed home will have a half story with two dormers on the west and east sides of the roof.The proposed roof peak will be slightly higher than existing, as the existing roof pitch is approximately a 4:12 or 6:12 pitch.The new roof pitch will be 12:12 to allow for the Y2 story attic space.The sidewall height will remain 8-feet as existing.The volume of the new roof including the new dormers within the substandard setbacks will be new encroachments. A 12'x 12' porch is to be added on the rear,a portion of which will be over existing deck footprint.The porch will match the proposed side setback of the home and will be a new encroachment 4.9 feet from the side lot line. Wetland Setback Variance (Sec. 78-1605) The applicant is reconstructing the decks.The proposed 12' x 12' porch will be constructed over an approximate 5.5 foot portion of the existing deck footprint and then expanded another 6.5 feet to line up with the western edge of the home.The porch will be set back 22 feet where a 35 foot setback is required. 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 lot width and lot area variances are consistent with the general intent of the Ordinance. The requested side yard,front yard,and wetland setback variances are in harmony with the Ordinance. Light,air,and open space will not be reduced for adjacent neighbors by the new home.The wetland,side yard,and front setback variances requested for the home and porch are reasonable considering the depth, and buildable width of the property.