09-18-2023 Planning Commission Packet

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LA23-000046 September 18, 2023 Page 3 of 5 Hardcover Variance (Section 78-1700 and 78-1680) The property is approximately 0.1 acres in a 2.0 -acre zoning district. The maximum allowable hardcover is 1,122 square feet. The property received a hardcover variance in 2005 in order to construct the home, driveway and walkway. The current property is at approximately 27.63% hardcover when 25% is the maximum. The resolution approving the 2005 variance explicitly stated that the homeowner was foregoing a deck in order to minimize the hardcover request and that further hardcover expansion would not be supported. The proposed deck expansion increases hardcover by approximate 334 square feet (deck, stairs, and landing) brining the percentage of hardcover up to 35% for the lot. 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 proposed variance is not in harmony with the purpose of the Ordinance. The proposed deck is within the 75 -foot lake setback and creates a new encroachment into the average lakeshore setback. The increase in hardcover is also not supported by the Ordinance. This criterion is not met. The variance is consistent with the comprehensive plan. The proposed variance is not consistent with the comprehensive plan. The comprehensive plan emphasizes the protection of natural resources including our natural waterways. The proposal creates new encroachments in the 75 -foot lake setback and increases hardcover. This criterion is not met. 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 deck is not supported by practical difficulties and therefore is not a reasonable use of the property. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The lot size and width have not been created by the current homeowner. c. The variance will not alter the essential character of the locality. The variance in order to construct a new deck would not likely impact the character of the area.