11-19-2024 Planning Commission Packet

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FILE #LA24-000050 November 18, 2024 Page 5 of 8 Fences are considered accessory structures and are not permitted within the 75’ lakeyard setback. Fences/barriers are suggested for marinas around improvements such as parking areas in order to protect required landscape area. Additionally there is a steep slope between the edge of the parking area and the lake. A fence would project the landscaping areas from vehicle encroachment and provide a safety measure to customers from the steep slopes on the parcel. Required Off- Street Parking Setback (78-1511 and 78-688) Within the B-2 district, parking shall not be allowed in a required yard or landscaping area. All vehicle parking must be on an approved hard surface. The landscaping area requires a minimum setback of 10’ from the ROW and 30’from the edge of the OHWL which is met by the proposed plan. The required street yard setback is 30’ in the district. The code also states all required yards must be met for parking; however, a different code section ,78-673 states that parking is permitted within 50’ of of a right of way. The code seems to indicate multiple setback requirements for parking areas within the b-2 district as follows: 1.Parking is permitted within 50’ of a ROW . (this standard is met) 2.Required street yard: 30’ (this standard is not met) 3.Required landscape area: minimum 10’(this standard is met) The code outlines multiple setbacks and overlapping standards for a parking lot. This is not only cumbersome to interpret, but seems to contradict the variance code sections. When there are contradictions or conflicts exist within the City Code, the stricter standard must be applied. In this scenario, the parking lot must meet the 30’ street yard setback. Due to the lot’s shape, depth, and relationship to the OHWL, there is no conforming location for a parking lot. 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 a parking area and fencing are necessary for the safety and circulation maneuverability for this permitted use in this district. This criterion is met. 2. The variance is consistent with the comprehensive plan. The proposed variance is consistent with the Comprehensive Plan. The Comprehensive Plan emphasizes the 38