04-15-2024 Planning Commission Packet

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FILE #LA24-000016 April 15, 2024 Page 3 of 6 addition is still in front of the neighboring home and thus potentially impacting their currently enjoyed views of the lake. Rear Yard Setback (Section 78-350) The rear yard setback for the LR-1C District is 30 feet. The current home does not meet this setback as part of the home (the rear deck) encroaches over the rear property line. This portion of the home will remain in place. The proposed addition will be setback approximately 23.5’ from the rear property line, not meeting the 30-foot rear yard setback requirement. The subject property is small and does not have the depth to meet both the rear yard setback and the required lake (front) and average lakeshore setbacks. However, a variance is still required. Driveway Width (Section 78-1681) The driveway regulations for residential districts limit driveways to 20 feet at the property line. The proposed driveway will be widened in order to accommodate the garage addition of a third stall. The lot is shallow and does not allow the driveway to properly taper down to meet the requirement of the code. The driveway today is approximately 18 feet and meets this city standard. The proposed driveway width to support a 3rd stall garage at the property line is approximately 23 feet, exceeding the maximum allowed and thus requiring a variance. Shoreland Driveway Width (78-1282) Driveways within the 75-foot setback are limited to 8 feet in width. This code regulation can contradict the City’s requirement that driveways must meet the minimum width of the garage doors. The existing driveway exceeds the maximum width at approximately 18 feet and the driveway is proposed to be expanded to accommodate a third stall. 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 variances requested for the construction of an addition and front porch on an existing home are not in harmony with the general intent of the Ordinance. The proposal will increase overall hardcover on the site and add additional hardcover within the protected 75-foot lake setback. The proposed additions are proposed to be in front of the average lakeshore setback line and within the 75’ lake setback, which can impact the protections of the lake and lake views by the neighboring properties. While the parcel is substandard in size and the existing home on the 109