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LA19-000048 <br /> July 15,2018 <br /> Page 2 of 4 <br /> Stormwater Overlay Total Area Allowed Existing <br /> District Tier in Zone Hardcover Hardcover Proposed Hardcover <br /> Tier 1 20,943 s.f. 5,235.75 s.f. 6,396 s.f. 6,093 s.f. <br /> (25%) (30.5 %) (29.5 %) <br /> Applicable Regulations: <br /> Variance (78-1279) <br /> Average lakeshore setback. No principal or accessory building shall be located closer to the <br /> lakeshore than the average distance from the shoreline of existing residence buildings on <br /> adjacent lots. The average lakeshore setback line shall be a straight line connecting the most <br /> lake ward protrusions of the residence buildings on the immediately adjacent lakeshore lots. <br /> The applicant is proposing new deck additions forward of this setback line. The current <br /> home encroaches into this setback due to the significant setback established by the <br /> neighbor to the north,that home is over 340 feet from the lakeshore. The new proposed <br /> home on the property is set at 68 feet from the lakeshore.The home to the north is set so <br /> far behind the property the ALS eliminates a reasonable building envelope. The northern <br /> neighbor has submitted an email of support for the project. <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 §462.537 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 /> proposed variance is in harmony with the purpose of the Ordinance.The lot includes <br /> difficulties in its substandard size and width,and location of adjacent homes. <br /> 2. The variance is consistent with the comprehensive plan.The proposed variance to use a <br /> nonconforming lot of record is consistent with 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 request to permit construction of new <br /> decks within the average lakeshore setback appears to be reasonable as the <br /> neighboring homes' orientation with respect to the lakeshore and adjacent <br /> properties creates difficulties. <br />