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LA19-000090 <br /> November 18,2019 <br /> Page 2 of 4 <br /> Applicable Regulations: <br /> Average Lakeshore Setback Variance (Section 78-1279) <br /> The subject property is currently existing forward of the neighboring properties. The home is <br /> set back roughly 89'feet from the OHWL. The first level screen porch is already existing and is <br /> included as part of those calculations. The proposed addition for a new roofline would be <br /> roughly 9 feet forward of the average lakeshore setback over an existing 2"d story deck that the <br /> family is currently using. <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 location of the home additions do not block lake views of the adjacent <br /> property owners,and therefore is harmonious with the intent of the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan.The average lakeshore setback <br /> variance is consistent with the goals in the comprehensive plan to protect lake views. <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 variance requests are residential in nature <br /> and are reasonable considering the unique nature of the property as a large <br /> peninsula on the lake. The relatively large flood hazard area and existing <br /> improvements on the property creates difficulties in locating a conforming <br /> structure. <br /> b. There are circumstances unique to the property not created by the landowner; ; <br /> The location of the structures on the property and configuration of the lot were <br /> not created by the property owner; and <br /> c. The variance will not alter the essential character of the locality. The visual <br /> impacts resulting from the additions proposed within the average lakeshore <br /> setback will not alter the character of the neighborhood. Rather,the home will <br /> not impact views from the lake nor will it appear to be more visually obtrusive <br /> than the existing buildings on the property. <br />