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FILE #LA24-000052 <br />21 October 2024 <br />Page 3 of 5 <br /> <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (Section 78-1279) <br />The existing lakeside deck which includes a grade-level <br />portion and an upper deck is in disrepair. The proposed deck <br />is slightly smaller than the existing one. The proposed deck <br />will extend approximately 5-6 feet closer to the lake than <br />the existing deck; approximately 16 feet into the average <br />lakeshore setback. The patio and lower deck on the sides are <br />less than 42” from grade, therefore is not required to be <br />located behind the average lakeshore setback line. <br /> <br />There is no location on the lake side of the home to <br />construct conforming structural improvements. The <br />neighboring properties' views of the lake over the subject <br />property will not be impacted by the proposed deck <br />changes. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning <br />Commission shall consider the effect of the proposed <br />variance upon the health, safety and welfare of the <br />community, existing and anticipated traffic conditions, light <br />and air, danger of fire, risk to the public safety, and the <br />effect on values of property in the surrounding area. The <br />Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in <br />instances where their strict enforcement would cause <br />practical difficulties because of circumstances unique to the <br />individual property under consideration, and shall recommend approval only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do <br />not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to <br />direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as <br />a variance any use that is not permitted under this chapter for property in the zone where the affected person's <br />land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />two-family dwelling. <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The requested <br />average lakeshore setback variance is in harmony with the Ordinance as the adjacent neighbors are <br />situated such that their channel/lake views are not across the subject property and their views will <br />not be impacted by the improvements. <br />2. The variance is consistent with the comprehensive plan. The variance resulting in a permit for <br />the construction of a deck improvement on the single-family residence in a residential zone is <br />consistent with the Comprehensive Plan. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not permitted by the <br />official controls; The request to permit the new deck lakeward of the average lakeshore <br />setback appears to be reasonable as the views of the lake enjoyed by the adjacent properties <br /> <br /> Existing <br /> <br /> <br /> Proposed <br /> <br /> <br />28