06-20-2023 Planning Commission Packet

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FILE #LA22-000064 June 20, 2023 Page 3 of 6 The new addition creates a new overall height of 30 feet for the home. The entire 344 square foot addition is within the 75 -foot lake setback. However, it does not encroach any further into the lakeyard than the existing house. The entire addition is also in front of the average lakeshore setback line. The proposed addition protrudes beyond the existing height of the house by approximately 12 feet creating a new vertical encroachment into the average lakeshore setback. Hardcover Variance (Section 78-1700 and 78-1680) The property is approximately 0.46 acres in a one -acre minimum zoning district. The existing hardcover on the property is over the Tier 1 maximum of 25% total hardcover at 27.33% (78-1700). The proposed project will include an addition, but also the removal of a shed, deck and some walkways. The total proposed hardcover will be reduced to 26.72%. The proposed survey does not include any landings or hardscape near doors shown on the architectural plans. Staff has reason to believe the hardcover need may be greater than what is shown. The overall hardcover proposed is still over the maximum allowed and requires a variance. Additionally, City Code Section 78-1680 does not allow hardcover within the 75 -foot lakeshore setback. Much of the existing home and the entire proposed addition is located within the 75 - foot setback. The applicant is requesting a variance to allow an increase of approximately 70 square feet of hardcover within the 75 -foot lake setback. The proposed addition will take the place of a deck and therefore change the nature of the hardcover as well. Side Setback Variance (Section 78-330) The existing home is situated on the property 8.5 feet from the side property line. The required side yard setback per the 1_11-113 District is 10 feet. The applicant is proposing to construct an addition in the same plane as the existing home. Due to the slight angle of the property line the proposed addition slightly decreases the setback to 8.2 feet from the side property line and therefore a variance is requested. 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 subject property is uniquely shaped, substandard in area, and has no compliant building envelope. Much of the home is within the 75 -foot lake setback and the average lakeshore setback. The proposed addition maintains the lakeyard setback. The proposal also decreases the overall hardcover as applied. These aspects of the application are in harmony with the Ordinance. However, the application proposes an increase in hardcover within the lakeyard and an addition that is taller than the existing home and therefore creating a new vertical encroachment in the