03-08-2021 Council Packet - Laserfiche WebLink

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FILE #LA20-000074 16 Feb 2021 Page 3 of 5 the project, the applicant is proposing to offset the new deck hardcover with reductions resulting in a net decrease of 47 square feet. Included in the removals are a 77 square foot lakeside concrete patio, parking area, and paver steps. As noted above, the new deck configuration results in new hardcover in the 75-foot setback. The deck plan should be modified so that it does not encroach into the 75-foot setback. Proposed Hardcover Removals: Removal of portion of driveway and paver steps Removal of 77 sf concrete pad 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 hardcover level (with reductions) and average lakeshore setback variances are in harmony with the Ordinance as the adjacent neighbors have indicated their views of the lake will not be impacted by the improvements, and new hardcover will be offset by removals. 2. The variance is consistent with the comprehensive plan. Regarding the average lakeshore setback and hardcover level variances, the deck project in the residential