10-19-2025 - Agenda Packet Planning Commission - PC Packet

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LA25-000043 20 October 2025 Page 3 of 8 Applicable Regulations: Building within the 75-foot lakeshore (Section 6.12.6240) No buildings are permitted within 75-foot lakeshore setback. The 75-foot lakeshore setback impacts the property on three sides and significantly impacts the existing house. The building expansions include a new roof design, two small additions (16 sq ft and 35 sq ft) on the west side of the home. The expansions of the existing footprint fall within the lakeshore and require relief through the variance process, outside of in-kind work. Hardcover within the 75-foot lakeshore (Section 6.12.9110) No hardcover is permitted within the 75-foot lakeshore setback. Similar to the conditions regarding the house, the existing hardcover on the site is located within the lakeshore setback. The driveway cannot be altered administratively as it falls entirely within the lakeshore. The new driveway is pulled back away from the OHWL compared to the existing driveway location. The applicant proposes a new driveway turnaround, and patio/pool area outside of the lakeshore, however, the sidewalk connecting this area to the front entry of the house would result in new hardcover within the lakeshore. A sidewalk to the front door is required. Lastly, the applicant is proposed a new deck configuration. A previous LA application was approved for a new deck on this property (LA24-000046). That deck was not installed. The applicant is proposed a new deck roughly 2 feet above grade as part of this application. The deck is proposed over an existing patio. 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 requested variances are in harmony with the intent and purpose of the ordinance. The lakeshore setback significantly impacts the house and property, and the applicant’s proposal involves the decrease of hardcover within the lakeshore at the expense of minor expansions to the existing house within the lakeshore. This criterion is met. 2. The variance is consistent with the comprehensive plan: The proposed variance to add on to maintain and improve an existing single-family residential use is consistent with the Plan. This criterion is met. 135