11-17-2003 Planning Packet - Laserfiche WebLink

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r •0x2ns A«igirtl 14. 2003 PaOcSofS •The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The wetland nature of the shoreline visually suggests a 26 ‘ wetland setback would apply, but in fact this is lakeshore by definition, so the 75'setback applies In the opinion of staff this criterion is not met •The conditions do not apply generally to other land or structures in the district in uhich said land is located." The lakeshore setback and hardcover requirements cqtgdy to all lakeshore lots in the opinion of staff this criterion is not met. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." In the opinion ofstaff this criterion is not met. •The granting of the proposed variance unll not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Structure and hardcover within the 0-75' zone is contrary to the intent of the code In the opinion of staff this criterion is not met •The granting of such variance will not merely serve as a convenience to the applicant, but is neccssao to alleviate demonstrable hardship or difliculty." There are reasonable options that would eliminate the need for variances In the opinion of staff this criterion is not met lisiia for Consideration 1 . Should the OH WL setback be applied in this situation? Wetlands immediately lakeward of the 929.4 elevation arc a characteristic typical ofa relatively small portion of Orono s Lal:e Mirutetonka shoreline. 2. Have the applicants provided any supportive information that justifies the variances'’ 3. Are there any other issues or concerns with this application? Staff Recommendation 1 . Approval of the additional structural coverage to accommodate the deck staircase. 2. Removal of all plastic or fabric landscape liner in planting beds. 3. Removal of all hardcover in the 0-75‘ zone (1 .7 % or 131 s.f. to be removed which includes the shed and retaining walls). 4. Removal of the shed in the 0-75* zone. 5. Removal of additional hardcover to achieve the approved level of4.464 s.f. per prior approval. This constitutes the driveway that was supposed to be removed per the building permit approval.