Laserfiche WebLink
FILE#LA19-00050 <br /> 15 July 2019 <br /> Page 2 of 4 <br /> Applicable Regulations: <br /> Lake Setback Variance (Section 78-1279) <br /> It is permitted for the property to have a stair accessing the lake or dock due to the slope of the <br /> lakeyard.The applicant is proposing to set the stairs into the slope for better screening and <br /> longevity. The retaining walls proposed are intended to support the stair design. Retaining walls <br /> are not permitted within the lake yard, however the hardcover associated with the walls is <br /> excluded from the site hardcover totals. The variance is necessary due to the location within the <br /> 75-foot setback. Hardcover of the site, with the proposed improvements,will be below 25%. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, <br /> subd. 2,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located. The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br /> intent of the lake yard setback is to preserve the natural lakeshore and not permit <br /> structure or hardcover in this area. Retaining walls help minimum the visually impact <br /> of the stairs,which are permitted by ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The requested variance is <br /> consistent with the residential goals within the comprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The use of the property remains residential. <br /> The proposed improvements are residential in nature, and reasonable from a <br /> residential scope. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the proposed lake access stair and retaining walls do not result in hardcover <br /> exceeding 25%for the property and the walls are excluded from the calculation <br /> total. The slope of the lakeshore requires stairs for dock and lake access; and <br /> c. The variance will not alter the essential character of the locality. The variance to <br /> permit construction of the walls to support the stairs within the 75-foot setback <br /> will be less visible and more functional than an above grade stair.The retaining <br /> walls will not change character of the locality. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br />