08-16-2021 Planning Commission Packet

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FILE#LA21-000050 16 August 2021 Page 3 of 5 • 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for average lakeshore setback variance results in the property's inability to conform to all of the standards above.Therefore, lot width and area variances are required in order to redevelop the property.The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Average Lakeshore Setback Variance (Sec 78-1279) The proposed home is situated forward of the average lakeshore setback line. The current home encroaches almost entirely into the setback as a result of the home on the abutting southern property (2925 Casco Point Road) creating an extreme setback line.The existing home is approximately 35 feet lakeward of the average lakeshore setback line where it encroaches the most. The proposed home will improve that encroachment by about 3.75 feet. The subject property does not have frontage on Casco Point Road, rather it gains access across an easement over the property to the northeast(2917 CPR).The proposed home is shown to meet the rear setback of 30 feet and cannot be moved further from the lake. The home at 2925 CPR is set back from the lake approximately 213 feet from the OHWL. The applicant's new home is proposed to be 156 feet from the OHWL. Other neighboring properties in the area are situated between 140 and 150 feet from the Lake. The applicant is proposing to build the home almost in line with the majority of neighbors. The owners of 2925 CPR have submitted a written statement (Exhibit H)supporting the applicant's request and indicating that they have plans to rebuild the home on their property which is intended to be in line with the other neighbors. The applicant's proposed home will be roughly 10 feet back from the OHWL (138.4'), improving the average lakeshore setback and getting closer to conforming to the unique setback. 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.