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FILE #LA25-000023 <br />21 July 2025 <br />Page 3 of 5 <br />Applicable Regulations: <br />75-foot Lake Setback + Averaee Lakeshore Setback Variance (Section 78-1279 <br />The purpose of the average lakeshore setback requirement is to protect and preserve views of the <br />lake over a subject property from the neighboring homes. The applicant is proposing to expand the <br />existing home upwards, which will result in new encroachments into the lake and the average <br />lakeshore setback area. <br />The expanded 2nd-story will not increase the overall roof peak height. No changes to the existing <br />footprint of the home are proposed. The new encroachments will maintain the existing building <br />setbacks. The minor increase in deck height will not impact views of the lake over the subject <br />property for the neighbors. <br />Rear Yard Setback Variance (Section 78-330) <br />The existing home is situated 20.7 feet from the street property line where a 30-foot setback is <br />required. The proposal will not increase the encroachment. <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in instances where their strict <br />enforcement would cause practical difficulties because of circumstances unique to the individual <br />property under consideration, and shall recommend approval only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br />not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be <br />granted for earth -sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in <br />harmony with this chapter. The board or the council may not permit as a variance any use that is <br />not permitted under this chapter for property in the zone where the affected person's land is <br />located. The board or council may permit as a variance the temporary use of a one -family dwelling <br />as a two-family dwelling. <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />Property includes difficulties in its area and width, and location of the existing home. <br />There are no footprint expansions. The 2nd story within the average lakeshore setback <br />should not further impact the existing views of the lake for the adjacent properties. All <br />proposed expansions maintain the existing building setbacks on the non- conforming <br />property. This criterion is met. <br />2. The variance is consistent with the comprehensive plan. The proposed variances for the 2nd <br />story additions are consistent with the comprehensive plan by maintaining the use of the <br />single-family home. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; The request for variances to expand the home <br />with a 2nd story over the existing footprint (within the setbacks) appears to be <br />reasonable, considering the location and orientation of the subject home, the <br />neighboring homes, and the substandard lot size. The additions should not <br />94 <br />