Laserfiche WebLink
LA21-000059 <br /> September 20,2021 <br /> Page 3 of 5 <br /> • Average Lakeshore Setback Variance (Sec 78-1279) <br /> The proposed home is situated forward of the average lakeshore setback line, but behind the 0- <br /> 75 lakeyard. The previous home is approximately 68'from the OHWL and sits roughly 38' into <br /> the average lakeshore setback. The proposed house will be placed farther away from the lake <br /> to meet the 75' lakeyard setback and maintain the roughly 38'foot building encroachment into <br /> the ALS. <br /> The proposed home is shown to meet the rear setback of 30 feet and cannot be moved further <br /> from the lake without impacting additional setbacks. <br /> The lot housing 1038 Loma Linda Ave is irregular, almost flag shaped,with the buildable area of <br /> the home setback significantly back from the lake. It is a lake lot by virtue of a narrow segment <br /> with lake frontage. The home is set back approximately 200 feet from the OHWL. The <br /> applicant's new home is proposed to be 75 feet from the OHWL. Other neighboring properties <br /> in the area are situated between 50-70 feet from the Lake. The applicant is proposing to build <br /> the home to meet the 75 foot lakeyard setback. The owners of 1038 Loma Linda Ave have <br /> submitted a written statement (Exhibit H)supporting the applicant's request. The applicant's <br /> proposed home will meet lakeshore setback and maintain the average lakeshore setback and <br /> getting closer to conforming with the City Code. <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> • anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br /> subd. 14,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br /> requested variances are in harmony with the purpose of the Ordinance. The Property <br /> has difficulties in its substandard area, width, and as a result of the location of the <br /> adjacent home(s). <br /> 2. The variance is consistent with the comprehensive plan. The requested variances to <br /> develop the nonconforming lot of record are consistent with the comprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The request to permit construction of a new <br /> home on a substandard lot forward of the average lakeshore setback appears <br />