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FILE#16-3879 <br /> November 21,2016 <br /> Page 3 of 5 <br /> Section 78-707-Lot Area/Width: <br /> B-3 DISTRICT Lot Area Lot Width <br /> Required 87,120 s.f. (2.0 acres) N/A <br /> Actual 123,668 s.f. (2.8 acres) <br /> Section 78-1403-Structural Coverage:N/A,over 2 acres <br /> Section 78-1680 and 78-1700-Hardcover Calculations: <br /> Stormwater Total Area Allowed <br /> Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover <br /> District Tier <br /> Tier 3 123,668 43283.8 s.f. 89,770 s.f. (72.59%) No change <br /> s.f. (35%) <br /> Applicable 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 <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06, <br /> subd. 2,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> 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 <br /> applicable regulation provides for commercial signage in a manner that does not impact <br /> the traveling public due to hindered visibility and visual clutter. Further,the ordinance <br /> intends on improving the streetscape by requiring more stable, architecturally <br /> significant monument signs in lieu of pylon signs. The variances, if granted, would <br /> protect visibility while providing signage similar to monument signs. <br /> 2. The variance is consistent with the comprehensive plan. The Comprehensive Plan <br /> identifies the subject parcel as commercial, the proposed signage supports and is <br /> consistent with the intended use. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls;The use of the property is the supermarket. <br /> Freestanding signage is a normal and expected accessory structure in <br />