06-17-2019 Planning Commission Packet

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LA19-000039 June 17,2019 Page 4 of 9 Aside from the 100 foot setbacks from exterior property lines,the Code did not contemplate separate regulations for properties at the scale of the subject camp use,where the storage needs for equipment, including lifejackets and water toys is more substantial. Variance(78-1279 (2)): Buildings within the 30' bluff setback. No buildings or structures are permitted within 30'from the top of the bluff as defined by the City Code. The 3 new buildings (D, E, and Q) are proposed to be placed outside of the bluff impact zone (20' front Top of Bluff) but are shown to encroach in the Bluff setback(30'from top of bluff). Variance(78-128, 78-918):Variance from regulations that states to variance will expire after a year if not used, in contrast the desired master planning process for large, unique uses such as the camp. 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 proposed Master Plan is taking into consideration storm water, drainage, circulation of the property and sensitive areas. The use for a camp on this size property follows the general intent of the ordinance. 2. The variance is consistent with the comprehensive plan. In addition to the operational goals of the Camp TEKO Master Plan, the design team also proposed elements with goals for entire the site in mind. Similar to the City of Orono 2040 Comprehensive Plan, these design philosophies include maintaining the natural character of the site, minimizing impacts such as hardcover, grading, tree removal, and the control of storm water runoff to Lake Minnetonka. 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 Temple Israel has obtained a comprehensive Master plan as a way to ensure the camp's long-term vitality and viability. The Camp TEKO property is zoned as LR-1B, a one-family lakeshore residence district. This district is intended for a combination of medium-residential