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FILE # 17-3912 20 March 2017 Page 3 of 5 Side Setback Variance (Sec. 78-330) LR -113 side setback requirement is 10 feet. The existing home on the property is in a conforming location currently. Moving the common lot line in order to make the lot width conforming at the 75 -foot setback results in the house/deck encroaching within ±3 feet of the new lot line. 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 offire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approvalfor 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. Two lots exist currently. The density is not proposed to increase, however, one additional lakeshore lot is created. The size of the properties are generally consistent with the other properties in the neighborhood. The lot width variance would also be in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. Each of the requested variances allows the redevelopment of each of the single family lots, this use 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 wishes to realign the property line, creating two lakeshore lots where only one lakeshore lot currently exists. The density will not increase. It is likely the properties will be developed with new single family homes in the future which will be required to meet the 1_11-113 district and Shoreland district setbacks. To qualify for the subdivision exemption to reorient the common property line one of the requested variances must be granted. b. There are circumstances unique to the property not created by the landowner; the property owner did not create the original lot size, lake frontage, and orientation; and c. The variance will not alter the essential character of the locality. The proposed variance will add additional development on the lake shore, the Planning Commission should discuss whether this will alter the character of the neighborhood as the overall lot sizes won't change.