Project Packet - Laserfiche WebLink

Home Browse Search

Applicable Regulations: Average Lakeshore Setback Va r iance (Section 78-1279) F ILE #LA 18-000004 20 Feb 2018 Page 2 of 4 The property is situated on the no rt hwestern-most point of Mahp iyaha Island, the western island portion of Big Island . Due to the property's orientation and the re lationship spatially to the two adjacent lakeshore lots (and cabins) the entire property is lakeward of the average lakeshore setback li ne with no legal buildable area. The app li cant's proposal includes construction of addit ions to the ex isting cabin. There are many mature trees and between 250 and 500 feet of separation between the project areas and the adjacent cabins on 700 and 720 Big Island. Governing Regulation: Varia nce (S ection 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. Econom ic considerations alone do not constitute practical difficu lt ies. 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 i n M i nn. Stat. § 216C.06, subd . 2, w hen in harmony with this chapter . The board or the council may not permit as a variance any use that is not pe r m itted unde r this chapte r for property in the zone where the affected person's land is located. The board o r counc i l may permit as a variance the tempo rary use of a one -family dwell i ng as a two-family dwelling. According to MN §462 .537 Subd. 6(2) variances sha ll only be permitted when : 1. The variance is in harmony with the general intent and pu r pose of the Ordinance. The variances are minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. The var iance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 3. The applicant establishes that there are practical difficulties . a. The property owner proposes to use the property in a reasonable manner not perm itted by the official controls; The minimal additions to the cabin are reasonable on this wooded, 2+ acre residential property. This criterion is met. b. There are ci rcumstances unique to the property not created by the landowner; The property's orientation at the point of the island; the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the property in relation to the lake result in a unique circumstance allowing for a the cabin additions to be almost completely screened from views off the property; and c. The variance will not alter the essentia l character of the local ity. The cabin additions will be screened adequately year-round, will be keeping with the style of the cabin, and will screened from views from off of the property. This condition is met.