10-11-2021 Council Packet - Laserfiche WebLink

Home Browse Search

LA21-000059 September 20, 2021 Page 3 of 5 Average Lakeshore Setback Variance (Sec 78-1279) The proposed home is situated forward of the average lakeshore setback line, but behind the 0- 75 lakeyard. The previous home is approximately 68’ from the OHWL and sits roughly 38’ into the average lakeshore setback. The proposed house will be placed farther away from the lake to meet the 75’ lakeyard setback and maintain the roughly 38’ foot building encroachment into the ALS. The proposed home is shown to meet the rear setback of 30 feet and cannot be moved further from the lake without impacting additional setbacks. The lot housing 1038 Loma Linda Ave is irregular, almost flag shaped, with the buildable area of the home setback significantly back from the lake. It is a lake lot by virtue of a narrow segment with lake frontage. The home is set back approximately 200 feet from the OHWL. The applicant’s new home is proposed to be 75 feet from the OHWL. Other neighboring properties in the area are situated between 50-70 feet from the Lake. The applicant is proposing to build the home to meet the 75 foot lakeyard setback. The owners of 1038 Loma Linda Ave have submitted a written statement (Exhibit H) supporting the applicant’s request. The applicant’s proposed home will meet lakeshore setback and maintain the average lakeshore setback and getting closer to conforming with the City Code. 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 variances are in harmony with the purpose of the Ordinance. The Property has difficulties in its substandard area, width, and as a result of the location of the adjacent home(s). 2. The variance is consistent with the comprehensive plan. The requested variances to develop the nonconforming lot of record are 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 request to permit construction of a new home on a substandard lot forward of the average lakeshore setback appears