11-15-2021 Planning Commission Packet

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FILE#LA21-000069 15 November 2021 Page 3 of 6 Applicable Regulations: Front Setback Variance (Code Section 78-330) According to Hennepin County's records,the home on the property was constructed in 1953. Registered Land Survey(RLS) No. 1036 which created the current lot configuration was recorded in 1961.The street property line was not changed as part of the RLS No. 1036 approval,and based on file information,the existing home appears to have existed at that time. Because the home is situated entirely within the 35-foot front setback any expansion requires variances. The City cannot authorize expansion or reconstruction of the portions of the home outside of the property boundary. The applicant has indicated the 2"d story addition will be constructed so that the new structure will tie into the existing within the property so no changes are shown to impact the existing portions outside of the property.They are requesting to construct an addition to the rear/western footprint to expand the living space and construct an attached garage portions of which are within the 35-foot front setback.The new construction will conform to the side and rear setbacks. 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 proposed front setback variance is not in harmony with the purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan.The proposed upward expansion of the home within such a close proximity to the front property line is not 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 proposed expansion over the existing structure which currently sits over the property line where a 35-foot setback is required,even with the proposed 1.5-foot setback,is a new encroachment. The property has reasonable use with the existing home and expansion opportunities exist with lesser encroachments. This is not met with the current 11111 plans.