10-16-2017 Planning Commission Packet

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FILE#17-3966 October 16,2017 Page 2 of 5 Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 15,482 s.f. (.355 acre) Allowed: 3,096 s.f. (20%) Proposed: 2,623 s.f. (16%) Section 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Proposed Overlay District Zone Hardcover Existing Hardcover Hardcover Tier Tier 1 15,482 s.f. 3,870.5 s.f. 1,870 s.f. 15 s.f. 3,810 s.f. (25%) (12%) w/in 75' (24.6%) Applicable Regulations: Rear Setback Variance (78-305) There is a 50 foot rear setback required for this lot. The applicant is proposing to construct a new home 29.6 feet from the rear yard lot line. Lot Width Variance(Section 78-305) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district.Substandard properties within the Shoreland Overlay District, like the subject lot,are able to be redeveloped without variances if specific standards are met;such as: 1. All setback requirements can be met. 2. A Type 1 sewage treatment system consistent with Minnesota Rules,chapter 7080, can be installed or the lot is connected to a public sewer;and 3. The impervious surface coverage meets all hardcover location and square footage 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 applicant's need for a rear setback variance results in the property's inability to conform to #1 above.Therefore, a lot width and area variance is also required in order to develop the property. 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.