04-08-2019 Council Packet - Laserfiche WebLink

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FILE # LA19-000007 18 March 2019 Page 3 of 5 the average lakeshore and 75-foot setbacks); a new 462 square foot patio is proposed on the first floor level in the southeast corner of the home. Variances for setback are required due to the increase in mass within the existing nonconforming footprint. The 75-foot hardcover variance is relating to the new patio hardcover and location. The proposed hardcover level of 24.9% reflects a 155 square foot overall increase from the existing conditions; while this falls within the hardcover limits, 266 square feet additional hardcover is proposed in the 75-setback due to the proposed, larger patio. The proposed home is 896 square feet larger than the existing home. Building coverage is proposed at 12%; the applicant is not maximizing the proposed building coverage. 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. 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 §462.537 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 proposed variances are in harmony with the purpose of the Ordinance. The lot includes difficulties in its substandard size and width, location of adjacent homes, and the existing home’s proximity to the lake. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop a nonconforming lot of record 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 construction of the home on the substandard lot, in the proposed location within the lake and average lakeshore setbacks, appears to be somewhat reasonable as the applicant is proposing to build within the existing lakeside footprint, the property’s nonconforming size, and the neighboring homes’ orientation with respect to the lakeshore, and adjacent properties creates difficulties. The hardcover level, and building encroachments proposed within the lake yard and average lakeshore setback do not exceed existing setbacks and do not appear to be unreasonable.