10-16-2017 Planning Commission Packet

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t FILE#17-3976 10/16/2017 Page 2 of 4 apply. Section 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 3 121,015s.f. 42,311.5 s.f. 16,109 s.f. 18,402 s.f. (35%) (13.31%) (15.21%) Applicable Regulations: Rear Setback(78-420) The applicant is proposing a rear yard setback of 15 feet from the property line where a 50; setback is required. This property has well and septic surrounding parts of the existing structure and the lot is sloped grading surrounds the home. Due to the orientation of the home and the unique lot,the request for the rear setback seems reasonable. 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 variance 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 rear street area appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the encroachments will not extend closer to the road than the existing home.