08-21-2023 Planning Commission Packet

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FILE #LA23-000039 August 21, 2023 Page 3 of 5 Rear Setback Variance (Section 78-330) The existing home is situated on the property 28.1 feet from the rear (street) property line. The applicant is proposing to maintain this setback but with a slightly wider home creating new encroachments within the street yard but maintaining the same setback and is therefore requesting a variance from the required 30 -foot rear yard setback. 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 variances for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. A portion of the existing home and deck extend beyond the average lakeshore setback and 75 -foot lake setback. The proposed new home has been moved further back from the lake in order to meet the required lake setbacks. The existing conditions of the property are not compliant with the required hardcover maximum of 25%. The proposed project will reduce the hardcover from 28.5% to 27.2% and therefore will bring the lot closer to conformance. The existing home is currently nonconforming with the rear yard setback requirement of 30 feet. The applicant is requesting to maintain the existing 28.1' setback. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot width, and existing conditions present. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances resulting in a new single- family home is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. The overall reduction in total hardcover bringing the lot into conformance and moving the structure out of the required lakeyard setbacks is also consistent with the goals of the Comprehensive Plan. This criterion is met. 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 construction of a new single-family is a reasonable use of the property. The proposed home will be set back further from the lake and the overall hardcover will be reduced. This criterion is met.