Resolution 7481 deck variance 1355 vine pl

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CITY OF ORONO RESOLUTION Ur THE CITY COUNCIL 3. The Property contains 40,075 square feet in area and has a defined lot width of 172 feet at the 75- foot lakeshore setback and a lot width of 209 feet at the OHWL. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District, 5. Applicant has applied for the following variances: a. Average Lakeshore Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and 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. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The existing home and deck on the lot does not conform with the average lakeshore setback. The proposed deck replacement is the same location and footprint as the existing deck. However, the deck railing must be raised 6" in order to comply with building code. An "in - kind" deck replacement would not be permitted due to the substandard deck railing height. A variance is required to allow the deck railing to increase in height to meet the MN State building code requirements. The new deck is in harmony with the general intent of the Ordinance due to the practical difficulties present. This criterion is met. 2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The replacement of a nonconforming lakeside deck is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. The proposal will meet all other zoning requirements. This criterion is met. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however•, the proposed use is notper•mitted by the official controls. The replacement of an existing deck on asingle-family home is a reasonable use of the property. The proposed changes are minimal and brings the deck railing to building code standard. This criterion is met.