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Lake Yard Setback Variance <br />#04-3017 <br />May 17, 2004 <br />Page 4 of5 <br />This lot has lake access at the north end of Stubbs Bay of Lake Minnetonka. The <br />required lake setback on all lakeshore lot is 75 feet from the OHWL. The existing house <br />is setback 60.5 feet with a deck and patio setback of 56' and 50' respectively, all within <br />the required 7 5' lake yard. The applicants have proposed to renovate the existing <br />building keeping these setbacks. This requires approval of a lake setback variance. <br />Hardcover Variance (0-75' & 75'-250' zones) <br />The property has two hardcover zones; the 0-75' zone and 75'-250' zone. 1,150 square <br />feet of hardcover currently exists in the 0-75' zone where O s.f. is normally allowed. The <br />applicant has proposed to keep 1,131 s.f. of this hardcover with removal of a 19 s.f. <br />chimney shaft, which requires approval of a 0-75' hardcover variance. Also, 2,298 s.f. <br />(or 20%) hardcover exists in the 75'-250' zone where 25% is normally allowed. <br />However, in order for the entire property to be within allotted hardcover allowances the <br />0-7 5' hardcover gets transferred back bringing the hardcover in the 7 5 '-25 0' zone to <br />3,429 s.f. (including removal of 19 s.f. chimney shaft) or 30% requiring variance <br />approval. <br />Hardship Statement <br />Applicant has provided a brief hardship statement in Exhibits B & C, and should be asked <br />for additional testimony regarding the application. <br />Hardship Analysis <br />In considering 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 undue hardship 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 keep in fl with the spirit and intent of the Orono Zoninf[ Code. <br />Staff finds a hardship exists in that the lake yard setback and front yard setback overlap <br />resulting in no buildable area. The location of the house sits in the most conforming <br />location on the lot meeting the 30' side yard setback. If the house were moved more <br />towards the road to meet the lake yard setback the house would have almost a O front <br />yard setback at the most northwestern corner. A smaller house could possibly be more <br />conforming, however the applicants have not proposed a rebuild but rather a renovation. <br />Staff however, feels that the Planning Commission should discuss removal of hardcover <br />within the 0-75' zone, possibly parts of the patio or deck, which amount to 580 s.f. or 5% <br />of the total hardcover on the lot. If this hardcover were removed the lot would essentially <br />conform at 25% when the 0-75' hardcover is transferred back to the 75'-250' zone. Staff <br />is not suggesting that the applicant's not be allowed any kind of deck or patio but <br />reductions could bring the property closer to conformance.