10-16-2023 Planning Commission Packet

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FILE # LA23-000056 16 October 2023 Page 5 of 7 Averaee Lakeshore Setback Variance (Section 78-1279 The purpose for the average lakeshore setback requirement is to protect and preserve views of the lake over a subject property from the neighboring homes. Improvements that do not block lake views are generally acceptable; the code permits structural improvements 42-inches or less within the average lakeshore setback. The owner's deck was nonconforming by approximately 5 feet prior to the construction of the new home to the south at 1525 Bay Ridge Road. The entire deck and an approximate 800 square foot portion of the home on the southeast corner became nonconforming in 2019; see the 2018 and current aerial photos below. A building permit was issued in 1994 for a Tx 9' deck. The historical permit record is not clear; however, the 16' x 24' deck appears to have existed on the property in the same general footprint and location for over 20 years. There is no permit record of the change in deck footprint from Tx 9' to the current 16'x 24' footprint. Additionally, there are no violation letters in the file relating to unpermitted deck construction/expansion. 2018 photo- Hennepin County Based on the survey information, Staff estimates the deck floor to be approximately ±9 feet above grade on the north side and approximately 8 feet above grade on the south side due to the sloped yard. As a result of the orientation of the neighboring homes and their elevated placement above the lake, it is unlikely that the owner's new deck obstructs the views of the lake currently enjoyed by the neighbors. 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