Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator

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1 Date Application Received: 12/14/16 Date Application Considered as Complete: 12/14/16 60-Day Review Period Extension Expires: 04/13/17 Item 5 To: From: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planner mcc Date: 17 January 2017 Subject: # , Timothy and Jane White, 2170 Prospect Avenue, Variances Public Hearing Application Summary: The applicants are requesting setback variances in order to construct additions to the existing home. Staff Recommendation: Planning Department Staff recommends approval. Background The applicants property has street frontages on three sides, as it is situated between two streets and is also a corner lot. The street setback within the RR-1B district is 50 feet; the interior side setback is 30 feet. The property is 60 feet wide where the 21 foot wide addition is proposed. LOT ANALYSIS WORKSHEET Section Setbacks: RR-1B Required Existing Proposed Front (Prospect) No Change Rear/Street (Crystal) Side Street (Briar) (addition) East Side (addition) Section Lot Area/Width: RR-1B Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200 Actual 20,305 s.f. (0.46 acre) 45 Section Structural Coverage: Total Lot Area Total Structural Coverage 20,305 s.f. (0.46 acre) Allowed: 3,045 s.f. (15%) Existing: 1,596 s.f. (7.8%) Proposed: 2,016.6 s.f. (10%)

2 Section and Hardcover Calculations: Stormwater Total Area in Allowed Overlay District Zone Hardcover Tier 7,106 s.f. Tier 3 20,305 s.f. (35 %) Existing Hardcover 2,114.8 s.f. (10%) FILE # Jan 17 Page 2 of 4 Proposed Hardcover 2,534.8 s.f. (12.5%) Applicable Regulations: Setback Variances (Section ) In the area of the home, the subject property has a width between 53 feet and 61 feet; the home is 24 feet wide. The applicants have proposed an addition to the home on the north side, which encroaches into both the side street and side setback areas of the property. A 50 foot setback is required from Briar Street, and a 30 foot setback is required from the east side lot line. The 21-foot wide addition is proposed to encroach as much as 32 feet into the side street setback and 12.1 feet into the side setback. Governing Regulation: Variance (Section ) 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 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 variances 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 side street and 30 foot side setback areas appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the encroachments will not extend closer to the road, front lot line, or the east property line than the existing home.

3 FILE # Jan 17 Page 3 of 4 b. There are circumstances unique to the property not created by the landowner; The existing home, and neighboring homes are separated sufficiently to allow for light, air, and open space between the homes and the proposed addition, and c. The variance will not alter the essential character of the locality. The scale or setbacks of the proposed addition to the home will not alter the character of the neighborhood. Additionally City Code provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. 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 Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residence is an allowed use in the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The nonconforming lot area and lot width of the Property are not uncommon in the surrounding neighborhood. The Applicant is proposing an addition to existing home in order to improve functionality. The existing substandard setback to the side street and east lot line will not be increased with the proposed addition. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposed home with the addition will be generally in line with the neighboring homes with respect to size and setback. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants have indicated that this criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The three street frontages, the substandard size and width of the Property combined with the 2-acre district setbacks create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the applicants. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located.

4 FILE # Jan 17 Page 4 of 4 Septic System Status The subject property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties exist in the property s substandard area and width, as well as the street frontage requiring 50-foot setbacks on three sides. Applying the setbacks, there is no buildable area on this lot. The 21-foot wide addition is proposed to expand the home s footprint to the north 15 feet and will encroach as much as 32 feet into the side street setback and 12.1 feet into the side setback. The encroachments do not appear to adversely impact the adjacent properties. Engineer Comments The City Engineer performed a cursory review of the proposed plan and did not note any concerns. A full review will be conducted at the time of the building permit. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Application Practical Difficulties Documentation Form Existing & Proposed Survey/Site Plan Proposed Plans and Elevations Submitted Hardcover Calculations Aerial Photos 60-Day Review Extension Property Owners List Plat Map

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18 Shed on property will be removed; neighbor's shed will remain. Facing East

19 Aerial 2015 shed will be removed

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25 PC Exhibit I #