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FILE # LA23-000021 <br />15 May 2023 <br />Page 3 of 5 <br />minimize the impact to the adjacent properties and the views of the lake. The proposed one -foot <br />roof expansion in height is minor and should not significantly impact views of the lake enjoyed by <br />the neighbors. The front entry porch is on the street side of the home and also should not impact <br />lake views. The reconstructed deck will generally be in the same footprint; however, the applicant <br />is proposing to remove the curved portion and square off the corners. The new deck and stair will <br />be no closer to the lake than existing; however, the expansion towards the north is a new <br />encroachment. Due to the average lakeshore setback, no improvements can be constructed on the <br />lake side of the home without variances. <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 anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in instances where their strict <br />enforcement would cause practical difficulties because of circumstances unique to the individual <br />property under consideration, and shall recommend approval only when it is demonstrated that <br />such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties also include but <br />are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be <br />granted for earth -sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in <br />harmony with this chapter. The board or the council may not permit as a variance any use that is <br />not permitted under this chapter for property in the zone where the affected person's land is <br />located. The board or council may permit as a variance the temporary use of a one -family dwelling <br />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 variance is in harmony with the purpose of the Ordinance. The property <br />includes difficulties in its shape and the location of adjacent homes. The average <br />lakeshore setback variance will not further impact views of the lake for adjacent <br />properties. <br />2. The variance is consistent with the comprehensive plan. The proposed variances to <br />construct additions to the home on this property are consistent with the comprehensive <br />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 the home modifications <br />in the proposed location entirely within the average lakeshore setback appears to <br />be reasonable considering the orientation of the neighboring homes with respect <br />to the lakeshore, the existing vegetative screening, the topography, and adjacent <br />properties. The request is reasonable. <br />b. There are circumstances unique to the property not created by the landowner; <br />The unique shape of the property neighboring home locations prevent changes or <br />expansions of the home consistent with the neighborhood. The proposed overall <br />hardcover level is conforming. The circumstances are unique to the property; and <br />