04-21-2025 - Agenda Packet Planning Commission - Packet

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FILE #LA25-000011 21 April 2025 Page 3 of 5 75-foot Hardcover Variance (Section 78-1680) As a portion of the existing deck was located within the 75-foot lakeshore setback, the proposed modifications involve shifting the deck to the east, impacting the setback less. Approximately 47 square feet of the existing deck hardcover will be removed; only 11 square feet of hardcover will be added in the reconfiguration. Overall, the hardcover within the lakeshore setback will be reduced from 1,203 square feet to 1,050 square feet. The extension of the roof eaves does not count towards the hardcover calculations for the property 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 average lakeshore setback makes the development and improvement of this property and existing house challenging. As a peninsular property, the proposed improvements are mostly screened by the existing house and outside of the neighbors’ lake views, and efforts have been made to reduce impacts to the lakeyard. This criterion is met. 2. The variance is consistent with the comprehensive plan: The proposed variance to rebuild a deck, improve the roof and add patio space as accessory uses to a single-family residence is permitted within LR-1B zoning and is consistent with the comprehensive plan. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls: The request to improve the existing house as proposed, opposed to rebuilding entirely, is reasonable and meets all other applicable zoning regulations. This criterion is met. b. There are circumstances unique to the property not created by the landowner: The existing house is located within the average lakeshore setback and any improvements to the house would fall within the lake views of the adjacent neighbors. This criterion is met. 40