11-13-2023 City Council Agenda Packet

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FILE #LA23-000050 October 16, 2023 Page 3 of 6 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant’s request for 75-foot lake setback, rear yard setback, and hardcover variances results in the property’s inability to conform to all of the standards above. Therefore, lot area and lot width variances are required in order to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances were not granted. Hardcover Variance (Section 78-1680) The property is approximately 0.13 acres in a half-acre minimum zoning district. The existing hardcover on the property is 39.4% of the total area which is over the Tier 1 maximum of 25%. The proposed development of the property will increase the overall hardcover on the property by 345 square feet bringing the property to 43.9% total hardcover. The property is small in size and in order to construct a usable modern home, some hardcover increase is needed. The applicant should confirm if the hardcover in the 75-foot setback has increased or decreased. The applicant should also consider the use of some permeable pavers in order to offset the increase in hardcover. 75-foot Lakeshore Setback Variances (Section 78-1279) The proposed home will be approximately 63.4 feet from the OHWL where 75 feet is required. The existing home is located in a similar location at 65.5 feet from the OHWL. The proposed home meets the average lakeshore setback and thus falls in line with the neighboring homes on either side. The City has historically allowed Crystal Bay Road properties to be setback closer than the 75-foot setback as long as the average lakeshore setback is met. Rear Setback Variance (Section 78-350) The existing home is situated on the property 7 feet from the rear property line. The applicant is proposing to improve this setback and increase it to 10 feet. Staff is supportive of a 10-foot rear yard setback along this corridor of Crystal Bay Road due to the small and shallow lot sizes. 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.