08-16-2021 Planning Commission Packet

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LA21-000054 August 16,2021 Page 3 of 5 • most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. The average lakeshore setback line is roughly 120'-165'back from the OHWL of Lake Minnetonka. The entire existing home is located lakeward of the ALS,78.8 feet from OHWL. The proposed addition is connected to the existing home and is proposed to be 77.9'from OHWL creating a new encroachment. 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 intent of the average lake shore setback is to preserve neighboring properties'views of the lake. The proposed encroachment will not impact these views. 2. The variance is consistent with the comprehensive plan.The proposed use of the lot for residential purposes is consistent with the Comprehensive Plan, as is the preservation of lake views and Shoreland management. 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 placement of the addition is a reasonable location given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; The existing conditions of a uniquely shallow lot for the neighborhood,existing house location and the extreme average lakeshore setback due to the neighbor to the east are circumstances not created by the landowner and c. The variance will not alter the essential character of the locality. The encroachment into the ALS will not impact the character of the locality 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.