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

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FILE #LA25-000012 21 April 2025 Page 4 of 5 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 variance supports the minimal expansion of the non-conforming boathouse within the lake yard and average lakeshore setback. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Alternatively, the goals of average lakeshore setback include protecting views from land into the lake, and the requested variances to increase the height of the existing boathouse to the minimum amount necessary to meet the floodplain regulations are in harmony with the Ordinance. The most adjacent neighbors are situated so that the changes to the existing boathouse will not impact their lake views. The minimal additional mass of the flat roof areas within the setbacks will not be closer to the lake than existing and will not negatively impact the views into the property from the lake. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances resulting in reconstruction of the existing boathouse (without footprint expansions) within the setbacks in a residential zone are consistent with the Comprehensive Plan. The variance to permit the minimal upward volume expansion is solely to conform to the floodplain regulations. 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 variances requested to permit reconstruction of the boathouse with minor upward expansion appear to be reasonable; the flat roof design of the boathouse minimizes any potential negative impacts; the mature vegetation, and location of neighboring homes separate the boathouse from the adjacent neighbors. Additionally, the variance relating to the exception for the floodplain rescue bench on the lake side of the boathouse is reasonable, as it is not a principal building. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The boathouse was originally constructed in the 1960s by previous owners and needs replacement due to its age and deferred maintenance; and c. The variance will not alter the essential character of the locality. The requested variances will not result in the property being out of character with the neighborhood, will not expand the footprint of the building, or result in additional encroachment into the setbacks toward the lake. The new upward encroachment will not alter the character of the locality. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. 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. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This c ondition is not applicable, as residential improvements are allowed in the Lr-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The proximity of the boathouse within the setbacks is an existing condition that is unique to the property. 85