03-21-2022 Planning Commission Packet

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FILE#LA22-000013 21 March 2022 Page 3 of 5 lakeshore setback 15 feet,and the reconstructed deck will generally be in the same footprint, however the applicant is proposing to square off the corners rather than rebuilding the clipped corner footprint that exists today. The new deck and stair will be no closer to the lake than existing. Due to the average lakeshore setback, no improvements can be constructed on the lake side of the home without variances. 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 variance is in harmony with the purpose of the Ordinance.The property includes difficulties in its shape,the existing dense vegetation along both property lines,the orientation of the shoreline, location of adjacent homes,and the existing home's proximity to the lake.The average lakeshore setback variance will not further impact views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to construct additions to the home on this property 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 the home additions in the proposed location partially within the average lakeshore setback appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore, the existing vegetative screening, and adjacent properties creates difficulties. The request is reasonable. b. There are circumstances unique to the property not created by the landowner; The unique shape of the property and shoreline, the existing home's location with respect to the lake and the neighboring home locations prevent lakeside expansions of the residential footprint consistent with the neighborhood. The proposed overall hardcover level is conforming. The circumstances are unique to the property;and