04-15-2024 Planning Commission Packet

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FILE #LA24-000015 15 April 2024 Page 3 of 5 lots to be developed or redeveloped without requiring a lot area or lot width variance. Graduated setbacks were developed based on lot width to allow for the smaller/narrower Record Lots to develop without variances whenever possible. Although the RS District setbacks provide administrative relief for narrow/substandard width lots, the setback required for a 100-foot-wide lot is 30 feet whereas a lot only one foot narrower (99 feet wide) is permitted a 10-foot setback. As a comparison, the LR-1C District which requires a minimum of ½ acre in area and 100 feet in width, has a 10-foot side setback requirement. The applicants’ lot and their proposed house location would be conforming if it were on Casco Point, for example. The applicants’ position is that by measuring the lot’s width using a measurement perpendicular to the lot lines rather than parallel to the shoreline (as required by Code) would allow the application of the 10-foot side setbacks. The difference between the measurement methods is negligible however the result of measuring the width parallel to the shoreline is a significantly larger setback burden on the property. Their proposal is a request for approximately 6 feet of setback relief on the north side, and 3 ½ feet of relief on the south side. Variance from the 10-foot building separation (Section 78-1438) To position the cabin as centrally as possible on the property, the new cabin will encroach upon the required 10-foot minimum separation between buildings as it will come within 9 feet of the existing shed/outhouse. The purpose of the 10-foot building separation requirement is to limit the appearance of massing and reduce the visual bulk that could result from building orientation and proximity. Based on the nature of the property, It is unlikely the 9-foot separation between the 1½- story cabin and the 25-square-foot outhouse will impact the appearance of massing when viewed from off-site. 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 applicants are proposing to construct a new seasonal cabin on their Big Island property which is consistent with the intent of the ordinance. The side yard setback variances requested are reasonable considering the lot size and the amount of open space provided on the property and the neighboring properties and are consistent with the immediate 72