03-15-2021 Planning Commission Packet

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FILE#LA21-000016 15 March 2021 Page 3 of 5 Rear/Street Setback Variance (Code Section 78-330) The subject property is only approximately 152 feet at the deepest location;the lot is triangular in shape narrowing as it runs to the southwest. The application of the 30-foot rear street setback is restrictive.When coupled with the 75-foot setback,the two setbacks overlap eliminating the buildable area creating a practical difficulty for development. However,the existing house has an approximate 2,000 square foot footprint which results in reasonable use. The addition proposed on the southwest side of the home is minimal, however results in additional encroachments in both the rear and lake setback areas, and adds to the nonconforming hardcover on the property. 75-foot Lake Setback Variance (Code Section 78-1279) The house is located as close at 29 feet from the OHWL the applicant's proposal is to construct a deck as close as 23 feet to the OHWL.As stated previously the application of the lake and rear street setbacks result in no buildable area on the property. The applicant is requesting approval to add a ±500 square foot deck and 125 square foot addition to the existing nonconforming structure. Average Lakeshore Setback Variance (Code Section 78-1279) The neighboring home to the north determines the average lakeshore setback applied to the subject property.That home is located approximately 30 feet from the OHWL.The applicant's proposal results in additional encroachments with the deck proposed at 23 feet and the addition to the home as close as 45 feet to the lake. • 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 proposed variance is not in harmony with the purpose of the Ordinance. While the substandard lot has difficulties in its shape,small size and depth,and proximity to the lake, the property has reasonable use with the existing home. •