10-21-2024 Planning Commission Packet

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FILE # LA24-000053 21 October 2024 Page 3 of 5 Applicable Regulations: Lot Width Variance (Section 78-350) Zoning Code Section 78-72(c)(2) provides options for the redevelopment of lots that do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, such as the subject lot, can be redeveloped without variances if specific standards are met, such as: 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 property area is 0.44 acre where 1.0 acre is required and width is 140 feet at the lake and 130 feet wide at the 75-foot setback. The applicant’s request for variances results in the property’s inability to conform to all of the standards above. Therefore, lot area and lot width variances are also required 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 variance is not granted. 75-foot Lake Setback Variances (Section 78-1279) The buildable area of the property is reduced by the 75-foot setback and sanitary sewer line/easement on the property. The applicant is proposing to build a new home on the existing footprint as they find this to be the most suitable location to build due to the site constraints. They are expanding the footprint on the north and south sides to take advantage of the width of the property but to increase square footage are proposing a 2nd story over the majority of the footprint resulting in massing expansions in the 75-foot setback. The proposed deck, not depicted on the 3D rendering, is proposed to encroach 1.5 feet closer to the lake than the existing footprint. The expansion areas are shown on the 3D rendering attached as Exhibit H. 75-foot Hardcover Variance (Section 78-1279; 78-1680; and 78-1700) The applicant is proposing a 346-square-foot reduction in the hardcover within the 75-foot setback. Although the 2nd story of the new home increases the mass within the 75-foot setback, it does not result in more hardcover. Rather the redevelopment removes an enclosed porch from the lakeside of the home and replaces it with an open deck 1.5 feet closer to the lake than the existing porch. The enclosed porch is relocated to the north end of the home within conforming setbacks. 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 60