10-16-2023 Planning Commission Packet

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FILE #LA23-000051 16 Oct 2023 Page 4 of 8 Conditional Use Permit relatine to elevatine the home on fill (Section 78-1125 Wherever floodplain filling is proposed, DNR and MCWD regulations require the floodplain be expanded elsewhere so there is no decrease in flood storage capacity. The applicant is proposing equal mitigation for the impacts on the property. The MCWD is currently processing the floodplain alteration permit application. Additionally, the City's floodplain regulations require a rescue bench around all buildings proposed to be elevated above the floodplain on fill. The fill material must continue for around the perimeter of the building to create a 15-foot "rescue bench". The subject property is 137 feet wide; the proposed home is approximately 100 feet wide. The home is set back approximately 8 feet from the channel -side property line and while the 10- foot 1_11-113 district setback can be met on the interior side, there is not sufficient room on either side of the home to fully comply with the 15-foot perimeter fill requirement. The Code requires a conditional use permit to formally address the departure from the fill bench requirement. 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 variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its substandard size and width, the unique access over the easement on the rear, the proximity to the channel, the 75-foot lake setback, the existing home location, and the floodplain areas of the property making development difficult. The vertical expansion proposed on the screen porch is not in harmony with the intent of the ordinance. The additional mass will intensify the use of the home and disrupt the natural lakeshore. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home in the same footprint on this nonconforming lot are consistent with the comprehensive plan. 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 request to permit construction of a new residence on the existing foundation on the substandard lot is reasonable. There are circumstances unique to the property not created by the landowner; The substandard lot size is an existing condition, there is no available land with which to make the property more conforming. The existing conditions, lot size, and location are challenges not created by the owners. There should be consideration for variances for the property which is substandard in area and setback requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and