11-20-2023 Planning Commission Packet

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FILE #LA23-000060 November 20, 2023 Page 3 of 5 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. Due to the placement of the neighboring lots and homes there is an extreme average lakeshore setback that eliminates a reasonable building envelope. The neighboring lake views that are currently enjoyed should not be impacted by a new home built in a similar location. The uniquely shaped lot has a very long driveway that greatly impacts the overall hardcover on the site. If the lot had a standard driveway length, a hardcover variance would not be required. The proposed project is also impacted by a wide utility easement. The proposed home will meet the 75-foot lake setback and be in harmony with the neighboring homes. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties present. 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 the necessary practical difficulties inherent to the land supporting their requests. The proposal will reduce the overall hardcover on the site which is consistent 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 of the property. The proposed home will be located in a similar location to the existing home on the property. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The unique lot shape and orientation of the neighboring homes creating an extreme average lakeshore setback are not the result of the current property owner’s actions; and c. The variance will not alter the essential character of the locality. The proposed variances resulting in the construction of a new home are supported by practical difficulties and will not alter the character of the area. This criterion is met.