08-19-2019 Planning Commission Packet

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LA19-000049 August 19 2019 Page 3 of 6 The new home is proposed to meet average lakeshore setback but the building will encroach into the 75'setback along the eastern and western edge of the home due to the property being almost entirely surrounded by lakeshore. Roughly 1,000 sq.ft. of the XXX new home is located outside of the existing massing and is a new encroachment in the 75' setback. Hardcover in the 75' Lakeshore (78-1680) The exiting home covers over 21% of the lot in hardcover the new proposed home will decrease the overall hardcover to 17.79%. The new home is proposing a new patio/terrace which takes advantage of the existing patio footprint. The new patio encroaches in the 75' lakeshore of the property, roughly 75 sq.ft_The new patio and building encroachments are considered new hardcover within the lakeshore setback. Interim Use Permit- Movement of material exceeds 50 CY within the 75' lakeyard (78-1726) The applicant is proposing to cut roughly 310 cubic yards of material and fill roughly 650 cubic yards of material all within the 75' lakeyard. The existing home is located within the lakeyard and to remove this home, add the new home, and restore the grade for lawn space grading work will need to take place. The proposed grading and home are not out of character with the neighborhood. 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 variances are in harmony with the intent and purpose of the Ordinance. The goal of the ordinance sis to reduce or eliminate improvements in the lake yard, the proposal shifts away from the lake yard as much as practical. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop a nonconforming lot of record 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 the home on the substandard lot,in the proposed location within the lake,and side yard setbacks, appears to be reasonable as the property's reduced size and