09-15-2025 - Agenda Packet Planning Commission - Packet

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FILE # LA25-000038 15 September 2025 Page 3 of 5 Applicable Regulations: Lot Area and Lot Width Variances (Chapter 6.12 Section 1550) Zoning Code Section 6.12.320 provides options for the redevelopment of lots that do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District may be redeveloped without variances from lot size and width requirements if the following standards are met: 1. All setback requirements can be met. A setback variance is requested; this criterion cannot be met. 2. The lot is connected to a public sewer, and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter, and the total square footage of hardcover does not exceed 25 percent of the entire lot area. Hardcover variances are requested; this criterion cannot be met. 4. All other zoning district standards can be met. The applicant's request for hardcover and setback variances results in the property's inability to conform to all of the standards above. Therefore, lot area and lot width variances are also required to redevelop the property. The ability to develop the property in a manner consistent with other developed properties in the neighborhood would be limited if the lot width and lot area variances are not granted. 75-foot Lake Setback Variances (Chapter 6.12 Section 6240) The applicant's plan reflects building and driveway encroachments in the 75-foot lake setback area. Hardcover Variances (Chapter 6.12 Sections 9110 & 9210) With redevelopment, the applicant proposes to increase the total site hardcover amount by 0.1% (from 32.5% to 32.6%). A hardcover reduction of 1,247 square feet is proposed within the 75-foot setback areas. Governing Regulation: Variance (Section 6.12.530) 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 proposed lot area and width variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and narrow width, and is encumbered by lakeshore setbacks on two sides, making development difficult. 2. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home on this nonconforming lot are consistent with the comprehensive plan. 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 allow construction of anew residence on the substandard lot is reasonable. The proposed hardcover will increase by 0.1% over the existing condition; however, the proposal includes a significant reduction within the lake yard areas. 11