02-16-2021 Planning Commission Packet

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LA21-000012 February 16,2021 Page 2 of 4 Lakeshore 75' 74.3' No change. Average Lakeshore 83.4' per southern neighbor 74.3' (Not Met) Section 78-330-Lot Area/Width: DISTRICT LR-1B Lot Area Lot Width Required 43,560 s.f. (1.acres) 140' Actual 11,558 s.f. (0.26 acre) 57' @ 75'/ 51' @ OHWL Section 78-1403-Structural Building Coverage: No proposed changes Section 78-1700-Hardcover Calculations: No proposed changes. Applicable Regulations: Variance (78-330) Side yard Setback The existing house footprint currently has a 6.5'setback in the northeast corner where 7.5 is required. The application for a 2nd story addition would create a new vertical encroachment within this existing encroachment. No new footprint setbacks are proposed. Variance(78-1279) 75- Lake Setback and Average Lakeshore Setback The existing house footprint has roughly a 1-foot encroachment within the 75' lakeyard setback at 74.3'. This property abuts an un-improvement right of way to the north and a property with a home that sits 83.4'from the OHWL to the south. The property to the south establishes the average lakeshore setback. The existing house footprint encroached into this setback roughly 11 feet.The proposed 2nd story addition with have vertical encroachments into this setback. No new footprint encroachments are proposed. 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: