11-13-2023 City Council Agenda Packet

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FILE #LA23-000059 October 16, 2023 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 – Accessory Structure Setbacks: LR-1B District Required Existing Proposed Rear/Street 17.5’ 500’+ 500’+ North Side 10’ 95’ 95’ South Side 10’ 5’ 6’ Lakeshore 75’ 160’ 138’ Average Lakeshore * Not Met – The improvement is completely within ALS Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 74,496 s.f. 18,624 s.f. (25 %) 11,428 s.f. (15.3%) 12,335 s.f. (16.5%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The intent of the ordinance is to protect the lake views enjoyed by neighboring properties. Structures over 42 inches in height are prohibited in front of the average lakeshore setback line. Much of the existing home is within the average lakeshore setback and is nonconforming. The proposed accessory structure is over the 42 inch height limitation and is located within the average lakeshore setback. The 6-foot accessory structure is intended to provide screening for the patio and will contain elements of an outdoor kitchen. The impacted neighbor to the south is situated at a higher elevation and will not be negatively impacted by the wall as it does not block any view of the lake. Both homes are significantly set back from the lake, there is a topography change, and there is dense vegetation between the two lots. The neighbor’s views of the lake are protected and therefore the intent of the ordinance is met. Side Yard Setback Variance for Accessory Structure (Section 78-330) The proposed improvement includes a 6-foot screen wall around outdoor kitchen elements including a grill and sink which intensifies the use of the wall. The proposed screen wall is considered to be an accessory structure rather than a fence and must adhere to the accessory structure setbacks. The accessory structure setbacks limit placement of structures such as sheds, patios, etc. on lots. The subject property is located in the LR-1B Zoning District which requires a 10-foot side yard setback. The proposed accessory structure is approximately 6 feet from the side (southern) property line where 10 feet in required. There is ample room on the site for the project to meet the 10 foot required side yard setback. 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,