Laserfiche WebLink
LA20-000077 <br /> January 19,2021 <br /> Page 2 of 4 <br /> Side 7.8' (South) 8' <br /> Lakeshore 75' 141' <br /> Average Lakeshore Not Met with New Proposed Chimney Location <br /> Applicable Regulations: <br /> Variance(78-1279) <br /> Average Lakeshore Setback. No principal or accessory building shall be located closer to the <br /> Ordinary High Water Line (OHWL)than the average distance from the shoreline of existing <br /> principal buildings on adjacent lots;This does not apply to patios and other accessory <br /> structures less than 42 inches above existing grade, and/or stairways, lifts, landings, <br /> lockboxes,flagpoles and pump houses. Further,the average lakeshore setback shall apply only <br /> to classified lakes and shall not apply to tributaries.The average lakeshore setback line shall <br /> be a straight line connecting the most lakeward protrusions of the principal buildings on the <br /> immediately adjacent lakeshore lots. <br /> The applicant is proposing to construct a chimney for a wood burning fireplace with the new <br /> home project. The chimney will be forward of the average lakeshore setback but portions <br /> of the approved new home will sit closer to the OHWL than the proposed chimney location. <br /> The chimney is proposed to be taller than 42 inches in height,and extend above the abutted <br /> gabled roof but no taller than the highest proposed peak of the house. <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 §462.357 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 /> request for an average lakeshore setback variance to allow a chimney on a new home <br /> is not in harmony with the Ordinance at the property has reasonable use to allow a <br /> home and opportunity in for a chimney in conforming locations. <br /> 2. The variance is consistent with the comprehensive plan.The variance which would allow <br /> for a chimney to a single family home in a residential zone is consistent with the <br /> Comprehensive Plan. <br />