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FILE # LA23-000043 <br />21 August 2023 <br />Page 3 of 5 <br /> <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (Code Section 78-1279) <br />The subject property it is situated on somewhat of a knob or bump in the shoreline. This results <br />in a peninsula-like challenge with the average lakeshore setback line approximately 20 feet <br />further from the lake than the neighbor to the south. <br /> <br />The previously contemplated footprint additions to the home were designed to minimize the <br />impact to the adjacent properties and their views of the lake. The approved additions encroach <br />into the average lakeshore setback 15 feet. For architectural reasons the applicant has <br />redesigned a more appropriately scaled roof which, due to the average lakeshore setback, <br />requires an average lakeshore setback variance on the lake side of the home. <br /> <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 <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br />on values of property in the surrounding area. The Planning Commission shall consider <br />recommending approval for variances from the literal provisions of the Zoning Code in instances <br />where their strict enforcement would cause practical difficulties because of circumstances unique <br />to the individual property under consideration, and shall recommend approval only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br />Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br />also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br />Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br />subd. 14, when in harmony with this chapter. The board or the council may not permit as a <br />variance any use that is not permitted under this chapter for property in the zone where the <br />affected person's land is located. The board or council may permit as a variance the temporary <br />use of a one-family dwelling as a two-family dwelling. <br /> <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, the existing dense vegetation along both property <br />lines, the orientation of the shoreline, location of adjacent homes, and the existing <br />home’s proximity to the lake. The average lakeshore setback variance to modify the <br />roof will not further impact views of the lake for adjacent properties. <br />2. The variance is consistent with the comprehensive plan. The proposed variance to <br />permit the change in the roof configuration on this property is consistent with the <br />comprehensive 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 construction of the <br />portions of the roof structure in the proposed location partially within the <br />average lakeshore setback appears to be reasonable considering the <br />orientation of the neighboring homes with respect to the lakeshore, the <br />existing vegetative screening, and adjacent properties creates difficulties. The <br />request is reasonable.