04-19-2021 Planning Commission Packet

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LA21-000024 April 19,2021 • Page 3 of 5 Hardcover Variances (Code Sections 78-1680 and 78-1700) The current hardcover level exceed 25%with a portion of the existing hardcover located within the 75' lake yard. The existing hardcover level is proposed to increase from 33%to 34.2%with a total increase of 93 sq.ft. There are no likely candidates for removal of existing hardcover. 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. 14,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 hardcover level, side yard setback, 75' lake yard and average lakeshore setback variances are in harmony with the Ordinance as the adjacent neighbors have indicated their views of the lake will not be impacted by the improvements. 2. The variance is consistent with the comprehensive plan.Allowing a usable deck space for a single family home for enjoyment of the lake is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant is requesting to expand the deck to allow for wheelchair accessibility and allowing a more functional rectangle shape instead of the existing triangle shape. The applicant has noted the request is reasonable for the use of the property. The Commission should determine if 288 sq ft of deck is necessary and appropriate. b. There are circumstances unique to the property not created by the landowner; The substandard lot,concave shoreline,and existing footprint of the home and deck and the neighboring homes are conditions not created by the landowner. c. The variance will not alter the essential character of the locality. It does not appear that the request deck will alter the character of the area and there is currently an existing deck practically located in the same footprint. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination.