10-09-2023 Council Packet - Laserfiche WebLink

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FILE #LA23-000047 September 18, 2023 Page 3 of 5 setback of approximately 108 feet will be reduced to approximately 103 feet. The new patio will be in a similar location, but will simply be squared off for better usability. Retaining Wall Variance (Section 78-1279) The City Code does not permit retaining walls within a required lake setback. The applicant is proposing several retaining walls to support the proposed patio and pool. The retaining walls are over 100 feet from French Lake and should not negatively impact the natural environment of the lake. 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 are supported by practical difficulties. Much of the existing home is located within the 150-foot lake setback. Therefore, the current property has hardcover within the required lake setback as well. The applicant is proposing to demolish the existing home and construct a new, smaller home in a similar location. The new home will maintain the existing setback of 125 feet from the OHWL. The proposed patio will also maintain a similar location to the existing patio, with a slightly reduced setback due to the new patio being a different shape. The new patio will require some retaining walls within the lake setback, which is not permitted by the City Code. The placement of the new home on the lot is limited by the existing topography, tree coverage, and existing improvements. The applicant is preserving the existing septic system and is proposing to keep certain elements of the site including a detached garage and tennis court. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the property’s existing conditions. 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 necessary practical difficulties inherent to the land supporting their requests. The overall reduction in total hardcover and bringing much of the massing of the home away from the lake are in line 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 home is a reasonable use