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FILE #LA18-000004 20 Feb 2018 Page 2 of 4 Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The property is situated on the northwestern -most point of Mahpiyaha Island, the western island portion of Big Island. Due to the property's orientation and the relationship spatially to the two adjacent lakeshore lots (and cabins) the entire property is lakeward of the average lakeshore setback line with no legal buildable area. The applicant's proposal includes construction of additions to the existing cabin. There are many mature trees and between 250 and 500 feet of separation between the project areas and the adjacent cabins on 700 and 720 Big Island. 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 variances are minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 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 minimal additions to the cabin are reasonable on this wooded, 2+ acre residential property. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The property's orientation at the point of the island; the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the property in relation to the lake result in a unique circumstance allowing for a the cabin additions to be almost completely screened from views off the property; and c. The variance will not alter the essential character of the locality. The cabin additions will be screened adequately year-round, will be keeping with the style of the cabin, and will screened from views from off of the property. This condition is met.