01-17-2023 Planning Commission Packet

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LA21-000066 January 17, 2023 Page 3 of 5 allowed. The deck would add 64 s.f. of new structural coverage where an awning over concrete patio exists today. Average Lakeshore Setback Variance (Section 78-1279) The proposed project is replacing a deck and sloped covered awning with a new deck and stairs. The proposed deck creates a new vertical encroachment into the setback which allows for a flat walkable deck and new railing. The existing awning is approximately 9’ above the existing grade and the proposed deck is approximately 14’ above the existing grade. The average lakeshore setback only permits improvements to be 3.5 feet tall lakeward of the setback. The deck is shown to encroach 4.5’ into the average lakeshore setback and the proposed stairs will encroach almost 10’ into the average lakeshore setback. The proposed deck would not expand the footprint of the original improvement. 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 variances are in harmony with the purpose of the Ordinance. The lot includes difficulties in its small size and width, and proximity to the lake. 2. The variance is consistent with the comprehensive plan. The proposed variances to replace and extend an existing deck for the front entryway of a single-family dwelling 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 a deck on an existing home on the substandard lot, in the proposed location within the required lakeshore setbacks appears to be reasonable as the property’s reduced size and orientation with respect to the lakeshore and placement of the existing home creates difficulties. While the nature of the hardcover is changing slightly, no increase in overall hardcover is proposed. b. There are circumstances unique to the property not created by the landowner; The uniquely small lot size, width and location to the lake and roadway within