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

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FILE #LA25-000012 21 April 2025 Page 3 of 5 and also within the 100-year floodplain. The applicant is proposing to rebuild the boathouse in-kind. The proposed building and covered porch areas will be flipped within the footprint, and the total roof/overhang size will be reduced. The average lakeshore setback is determined by the 85.3-foot setback (from the lake) of the principal building on the property to the north (1185 Tonkawa Road). The existing boathouse has a low floor elevation of 932.1’, where 932.5’ is required by the City. MCWD requires a minimum low opening of two feet above the 100-year floodplain elevation. Because it is being elevated on fill, a minimal upward massing expansion of one foot, equal to the amount of fill, is proposed. The new boathouse will have a floor and door threshold elevation of 933.5’. The new, expanded building volume requires a variance from the lake and average lakeshore setbacks due to the increase in height. The one-foot expansion of the building mass will not impact neighboring properties. Plumbing in a Nonconforming Accessory Building (City Code Section 78-1437) Because the primary lake recreation space (beach and boathouse) is separated from the home by over 100 feet (and a 25-30% slope), the new boathouse is proposed with bathroom facilities. City Code allows plumbing facilities (including a bathtub and/or shower) within accessory buildings, subject to a covenant restricting the use of the building. The owners will be required to record the restrictive covenant against the property (Exhibit J), limiting the use of the building to the owner/occupant of the property for non-dwelling purposes. The relevant City Codes are included as Exhibit H. 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. North Elevation - Proposed 84