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FILE #LA20-000067 19 Oct 2020 Page 3 of 5 Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The existing home encroaches into the average lakeshore setback by approximately 14 feet. The applicant is proposing to construct an upper porch addition to the home which will extend 10 feet further into the average lakeshore setback. It is not possible to construct improvements on the lake side of the home in a conforming location. 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. 2, 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 average lakeshore setback variance is in harmony with the Ordinance as the most adjacent neighbors’ views of the lake will not be impacted by the improvements. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of an addition to an existing single family residence in a residential zone 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 improvements lakeward of the average lakeshore setback appears to be reasonable; the mature vegetation, topography, and home orientation separate the Property from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The location of the existing home, the orientation and location of the neighboring homes, and the character of the lake shoreline in question are conditions not created by the landowner; and c. The variance will not alter the essential character of the locality. It does not appear that the requested average lakeshore setback variance to permit an addition to the home will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 169 169