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#17-3937 15 May 2017 Page 2 of 5 Applicable Regulations: Lake and Wetland Setback Variance (Sections 78-1279 & 78-1605) The generator and pad are shown to be 26 feet from the OHWL and within 30 feet of a potential wetland. The improvement will be located on the street "side" of the property's lakeshore and will not be visible from the lake. The City's wetland regulations were amended at the May 8 th Council meeting; an accessory building/structure no longer requires a delineation. The wetland on the property has not been delineated; the required wetland setback is 35 -feet. Staff used the best available information to make the determination about setback. Based on the available topographic information from the survey and wetland shown on the Hennepin County aerial photo map, staff suggests the need for a setback variance as the proposed structure is 30 feet from the wetland edge. Hardcover Variance (Sections 78-1281 & 78-1680) Hardcover within the 75 foot setback is limited to those specific improvements identified in the Code. The 19 square foot generator pad is not an allowed hardcover improvement within the lake setback. 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 the Ordinance. The requested lake setback and wetland setback variances are in harmony with the Ordinance as the lake views enjoyed by the adjacent neighbors will not be impacted by the improvement. The wetland setback, lake setback, and hardcover variances are reasonable and necessary as the logical location for the improvement is adjacent to and existing City utility improvement accessed off of the secondary driveway. Shifting the improvement away from the lake and the wetland, up hill, is difficult and adds the visual impact.