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LA18-000019 <br /> 3.19.18 <br /> Page 3 of 5 <br /> without variances if specific standards are met;such as: <br /> 1. All setback requirements can be met. <br /> 2. A Type 1 sewage treatment system consistent with Minnesota Rules,chapter 7080, can <br /> be installed or the lot is connected to a public sewer;and <br /> 3. The impervious surface coverage meets all hardcover location and square footage <br /> restrictions of this chapter and the total square footage of hardcover does not exceed <br /> 25 percent of the entire lot area. <br /> 4. All other zoning district standards can be met. <br /> The applicants' need for setback and hardcover variances results in the property's inability to <br /> conform to#1 and#3 above.Therefore, lot area and width variances are also required in order <br /> to redevelop the property. <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 <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 /> applicant is proposing to construct a new single family home in a residential lot which <br /> is consistent with the intent of the ordinance. The lot width and lot area variances are <br /> consistent with the general intent of the ordinance. Due to the unique grading on the <br /> street side of the lot and the dip in the shoreline on the lakeside.The building footprint <br /> of the lot is constrained.The 75 foot lakeyard setback and hardcover seem reasonable <br /> and in harmony. The Planning Commission should discuss the general intent of the <br /> average lakeshore setback variance request. <br /> 2. The variance is consistent with the comprehensive plan. The variances resulting in a <br /> permit for a new single family residence in a residential zone that is moving farther <br /> away from the lake then the existing home is consistent with the Comprehensive Plan. <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 property owner is proposing to use the <br /> property in a reasonable manner by replacing the existing residence with a new <br /> home which has less hardcover then existing and the new home will be moved <br /> 3 feet farther from the lake compared to the existing home; but the size and <br /> width of the lot is below the minimum lot size standards of the Zoning Code. <br />