07-21-2025 - Agenda Packet Planning Commission - Full Packet

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FILE #LA25-000026 21 July 2025 Page 3 of 5 Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 22,740 s.f. 5,685 s.f. (25 %) * 7,460.5 s.f. (32.8%) * 7,579 s.f. (33.3%) *The submitted hardcover calculations (Exhibit F) were not itemized. Staff calculated estimated hardcover but the application should provide clarification prior to placement on the Council’s agenda for consideration. Applicable Regulations: Variances: 75-foot Lake Setback + Average Lakeshore Setback (Sec 78-1279); Wetland Setback (Sec 78-1605); Hardcover (Sec 78-1680 & 78-1700) The new decks result in a 47 square foot increase in hardcover within the 75-foot setback; and the project reflect a total of approximately 118 square feet of new hardcover overall. Also, the new footprint will create 4-foot and 5-foot increases in the deck encroachments into the average lakeshore setback, lake setback, and partially within the wetland setback. 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 for the construction of new decks are supported by practical difficulties. Much of the existing improvements are located within the 75-foot lake setback. Therefore, there is existing hardcover within the lake setback as well. The new decks will maintain similar setbacks from the lake and wetland. The placement of the new decks is limited by the existing wetland and lake setback and existing improvements. The project is in harmony with the general intent of the Ordinance due to the practical difficulties of the property’s existing conditions and absence of a legal building footprint area. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances supporting the new decks are consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent in the land, supporting their requests. The proposed increase in hardcover for the site overall and within the 75-foot setback is not consistent with the comprehensive plan and should be offset by equal or greater removals. The criterion is met with a reduction in the hardcover. 3. The applicant establishes that there are practical difficulties. 64