09-16-2019 Planning Commission Packet

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#LA19-000071 16 Sept 2019 Page 2 of 4 Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier Tier 1 165,138 s.f. 41,284 s.f. 22,223 s.f. 10,766 s.f. 22,498 s.f. 10,766 s.f. (25%) (13.4%) w/in 75' (13.6%) w/in 75' The hardcover calculations have been adjusted to account for the exclusion of all of the retaining walls as is permitted. Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The subject property is a peninsula connected to 2165 North Shore Drive by a 6 foot wide strip of land.This property is situated across the bay and is the only adjacent property for determining the average lakeshore setback.The home at 2165 North Shore is located approximately 170 feet from the OHWL; according to the City Code improvements must be located equal to or further back from the lake than the 2165 North Shore Drive home. The existing home is situated as close as 46 feet to the OHWL however the additions/improvements are at least 77 feet from the OHWL but within the average lakeshore setback. See Exhibit E showing the building area outside the average lakeshore 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 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 location of the home additions do not block lake views of the adjacent property owners,and therefore is harmonious with the intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The average lakeshore setback variance is consistent with the goals in the comprehensive plan to protect lake views. 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 variance requests are residential in nature and are reasonable considering the unique nature of the property as a large