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FILE #17-3934 15 May 2017 Page 2 of 4 Lake Setback & Hardcover Variance (Sections 78-1279 & 78-1680) A majority of the improvements on this property are within the 75 -foot setback from the lake, consistent with the use of the property as a marina. The proposed sign will be located 60 feet from the OHWL where a 75 -foot setback is required. A variance allowing 15 square feet of hardcover is also requested. 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. The variances requested are consistent with the general intent of and are in harmony with the Ordinance. The lake setback and hardcover variances are reasonable and necessary as the majority of the property is within 75 -feet of the lake. The signage is proposed as far from the lake as can be reasonable and still be functional. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction signage supporting a marina within the commercial marina zone (B-2) 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 a sign within the lakeshore setback appears to be reasonable. Also reasonable is that the sign proposed is low profile and will result in a minimal handlover increase. The area available to locate the sign is narrow and the encroachment to the street setback is reasonable considering the 20 foot setback from the traveled roadway. b. There are circumstances unique to the property not created by the landowner; The property owner purchased the marina after it had been developed and the site layout is existing. The property owner did not create the circumstances. and c. The variance will not alter the essential character of the locality. The requested variances will not alter the character of the neighborhood. The lake setback and hardcover variances are reasonable and necessary as the most logical