08-21-2023 Planning Commission Packet

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LA23-000026 21 August 2023 Page 4 of 6 hardcover), a majority of the existing and proposed hardcover is located within the 75 -foot setback areas; the applicant's plan results in 33.8% of the 75 -foot setback area being covered by hardcover and structures. This is significant and the applicant should provide a breakdown of the existing hardcover in the 75 -foot setback for comparison. The total hardcover reduction is 1,954 square feet for the property. The applicant should clarify how much of the hardcover reduction is within the 75 -foot setback. The submitted existing hardcover calculations do not separately calculate the hardcover within the 75 -foot setback. However, the proposed hardcover calculation sheet does show the improvements specifically within the 75 -foot setback. Exhibit E and Page 3 of Exhibit F illustrate the hardcover changes proposed. Wetland Setbacks (Section 78-1605) Where the MCWD does not require a buffer, a 25 -foot setback shall be required by the City between the edge of all wetlands from any building (principal or accessory) or other structure, septic systems, or wells. The delineated wetland edge is somewhat consistent with the OHWL on the inlet side, therefore many of the same proposed expansions or new encroachments also do not meet the required 25 -foot wetland setback. 1. The pool (H) is set back 20 feet from the wetland; 2. The pool patio (G) is set back 16 feet from the wetland; 3. The six-foot tall stone fence (K) is 12 feet from the wetland; 4. The new, circular paver patio (S) on the lakeside of the pool is 16 feet from the wetland; and 5. The new "existing" boulder retaining wall (P) was constructed to replace existing timber walls on the lakeside of the home and is located 17 feet from the wetland. 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. 2, 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 §462.537 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 not in harmony with the intent and purpose of the Ordinance. The goal of the ordinance is to reduce or eliminate improvements in the lake yard, the proposal includes new or expanded improvements within the lake yard. This criterion is note met. 2. The variance is consistent with the comprehensive plan. The proposed variances to conduct improvements to a nonconforming home and property are not consistent with the comprehensive plan. Reasonable use is established by the existing residential home on the property. The owners have a right to maintain the existing conditions. This criterion is not met. 3. The applicant establishes that there are practical difficulties.