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LA21-000052 <br /> August 15,2021 <br /> Page 3 of 5• <br /> 1,507 s.f. 2,634 s.f. 2,634 s.f. <br /> Tier 1 6,031 s.f. (25%) (43.7%) (43.7%) <br /> *Existing nature of the impervious driveway/landscaping to decking; No overall Change <br /> Applicable Regulations: <br /> Hardcover;75-Foot Setback Variances (Sections 78-1680&78-1700) <br /> The property's±116 feet of depth is challenging, particularly due to the applied average <br /> lakeshore setback at approximately 67-feet from the OHWL,the 75-foot lake setback, and the <br /> 30-foot rear yard setback.The required setbacks leave an approximate±13 foot deep building <br /> envelope. The proposed addition maximizes the allowable building envelope and is proposed to <br /> encroach into the 75' lake yard. The applicant has designed the addition to follow the <br /> neighboring homes and to meet the average lakeshore setback. <br /> A variance is required when a property is over the allowed hardcover maximum and a project is <br /> changing the nature of the hardcover from nonstructural to structural. The proposed hardcover <br /> level of 43.7%,where 25% is allowed. The deck would add 22 sq ft of new structural coverage <br /> where a driveway and impervious landscaping, nonstructural hardcover exists today. <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> • recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br /> subd. 14,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br /> proposed variances are in harmony with the purpose of the Ordinance. The small lot <br /> includes difficulties in its small size and width,and proximity to the lake. The lot is also <br /> challenged by Crystal Bay Road which runs through the lake yard.The average lakeshore <br /> setback is proposed to be met protecting views of the lake for adjacent properties. <br /> 2. The variance is consistent with the comprehensive plan. The proposed variances to use <br /> the property for a single family dwelling with 2"story home addition for a home and <br /> deck addition for the front entry way are consistent with the comprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The request to permit construction of the <br /> addition to an existing home on the substandard lot, in the proposed location <br />