06-21-2022 Planning Commission Packet

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LA22-000028 June 21 2022 Page 4 of 7 The new home is proposed to meet average lakeshore setback but the building will encroach into S the 75'setback along the eastern and western edge of the home due to the property being almost entirely surrounded by lakeshore. Roughly 880 sq.ft. of the 5349 sq.ft new home is located outside of the existing massing and is a new encroachment in the 75'setback. Hardcover in the 75' Lakeshore (78-1680) The property allowed 25%total hardcover. No hardcover is permitted within the 75' lakeshore setbacks. The exiting home covers over 21%of the lot in hardcover the new proposed home will decrease the overall hardcover to 16.79%. The meeting the overall hardcover requirements. Within the 75' lake yard setback;the new home is proposing a new deck/terrace which takes advantage of the existing patio footprint. The application will be removing the large existing driveway and reconfigure the access to the house. The new driveway will take advantage of the existing location but will reduce the overall driveway size. The new hardcover and building encroachments are considered new hardcover within the lakeshore setback. Wetland Buffer Setback(78-1605) Where the MCWD does not require a buffer, a 25 foot setback shall be required between the edge of all wetlands from any building(principal or accessory) or other structure,septic systems, or wells.The wetland edge shall be determined as required in section 78-1604 of this Code. The applicant did not submit a wetland delineation or any findings that a buffer was established through MCWD. The 25 foot setback buffer is a required setback for the site. The current • entrance monuments are nonconforming at roughly 6'from the edge of wetland. These improvements can be maintained but not expanded in any way. The applicant is proposing new monuments in a different location roughly 5'from the edge of wetland. 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 §462.537 Subd. 6(2)variances shall only be permitted when: •