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r <br /> FILE#17-3947 <br /> October 16 2017 <br /> Page 4 of 7 <br /> 2710 Pence Lane is shown with side setbacks between 10—11 feet.According to the Code <br /> a 15 foot side setback is required on both sides for a back lot. <br /> (3) Dimensional standards for front lots. A front lot created as part of a front/back lot division shall <br /> meet all zoning district area, width and setback standards; except that the required side yard <br /> of the front lot adjacent to the access outlot shall be equivalent to the side street yard <br /> requirement for that zoning district. Staff Comment: the applicant is not proposing the <br /> creation of an access outlot.A 20 foot side setback adjacent to the required outlot would be <br /> required.A variance has been requested. <br /> (4) Access requirements.Staff Comment:the applicant is not proposing the creation of an access <br /> outlot,rather proposes to access one additional lot via the existing private driveway. <br /> a. Access outlots shall be 30 feet minimum width,and shall be wide enough to accommodate <br /> drainage, snow removal and screening without encroaching on neighboring properties. <br /> b. In approving front/back lot divisions,the city may require that both front lot and back lot <br /> share a driveway access within the access outlot if the council determines that creating an <br /> additional access to the existing street will be a potential safety hazard. Staff Comment: <br /> the applicant is not proposing the creation of an access outlot.A variance is requested. <br /> c. Driveways within a back lot shall be located at least ten feet from the side or rear lot lines <br /> of adjacent lots. <br /> d. No more than two residences may be served by a driveway located within an access outlot. <br /> Staff Comment: the applicant is not proposing the creation of an access outlot. A <br /> variance has been requested to permit access to a third property within a private <br /> driveway. <br /> e. No access outlot may be platted abutting an adjacent outlot except when the intent is to <br /> combine the two access outlots for creation of a public or private road meeting city <br /> standards. <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 anticipated <br /> traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br /> property in the surrounding area. The Planning Commission shall consider recommending approval for <br /> variances from the literal provisions of the Zoning Code in instances where their strict enforcement <br /> would cause practical difficulties because of circumstances unique to the individual property under <br /> consideration, and shall recommend approval only when it is demonstrated that such actions will be in <br /> keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not <br /> constitute practical difficulties. Practical difficulties also include but are not limited to inadequate <br /> access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. §216C.06,subd. 2,when in harmony with this chapter. The <br /> board or the council may not permit as a variance any use that is not permitted under this chapter for <br /> property in the zone where the affected person's land is located.The board or council may permit as a <br /> variance the temporary 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 applicants <br /> propose a configuration of the properties as a matter of convenience without consideration of <br />