10-12-2020 Council Packet - Laserfiche WebLink

Home Browse Search

access to a public or private road. The applicant is proposing an 18’ wide driveway within the 75’ lakeyard where only an 8’ wide driveway is permitted. Response: See schedule C. We measured all driveways on Fagerness Point Road, starting at 1973 Fagerness. The average driveway width was 18’+. So there is neighborhood precedent for this variance. Driveway Width: 1987 Fagerness: 33’ Driveway -- 19’ Garage Concrete and 14’ Driveway Asphalt. 33’ total. 1981 Fagerness: 20’ Driveway Asphalt 1975 Fagerness: 18’ Garage Concrete 1971 Fagerness: 20’ Driveway Gravel 1973 Fagerness: 20’ Driveway Concrete Solution: We proposed 18’, which is the average on Fagerness Point. 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 §462.357 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 requested rear yard setback, average lakeshore setbacks, driveway standard and hardcover within the 75’ of the lakeyard are not in harmony with the Ordinances as the proposed addition would limit the lake sightline for neighbors and create addition massing close to the right of way. The number of variances requests suggest that the site does not support the proposal. Response: Our proposed design is consistent with the neighborhood and virtually identical to the new construction at 1973 Fagerness. There is no impact of line of site for either neighbor. Our immediate neighbor, Ms. Hartung, wrote a letter of recommendation supporting our proposed project. We understand that the Millers are in support of it as well and will be attending the