04-09-2018 Council Packet - Laserfiche WebLink

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L' '18 00001 3.11 1.18 age3o 5 without variances if specific standards are met; such as: 1. All setback requirements can be met. 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicants' need for setback and hardcover variances results in the property's inability to conform to #1 and #3 above. Therefore, lot area and width variances are also required in order to redevelop the property. 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 applicant is proposing to construct a new single family home in a residential lot which is consistent with the intent of the ordinance. The lot width and lot area variances are consistent with the general intent of the ordinance. Due to the unique grading on the street side of the lot and the dip in the shoreline on the lakeside. The building footprint of the lot is constrained. The 75 foot lakeyard setback and hardcover seem reasonable and in harmony. The Planning Commission should discuss the general intent of the average lakeshore setback variance request. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for a new single family residence in a residential zone that is moving farther away from the lake then the existing home is 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 property owner is proposing to use the property in a reasonable manner by replacing the existing residence with a new home which has less hardcover then existing and the new home will be moved 3 feet farther from the lake compared to the existing home; but the size and width of the lot is below the minimum lot size standards of the Zoning Code.