02-17-2026 Planning Commission Regular Meeting

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FILE #LA26-000004 17 February 2026 Page 3 of 5 Applicable Regulations: Lot Area Variance (Sections 6,12.320 and 6.12.1550) 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. 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. 4. All other zoning district standards can be met. The applicant's request for additional variances results in the property's inability to conform to all of the standards above. Therefore, a lot area variance is 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 area variance is not granted. Rear/Street + Side + 75-foot Lake + Average Lakeshore Setback Setback Variances (Sections 6.12.1550 + 6.12.6240 The applicant's narrative states that the project will not increase the building footprint or lot coverage; however, the existing home has irregular sides and is not a perfect rectangle. The proposed footprint corrects this and results in a minor change in the setback measurements. The applicant is proposing to reconstruct the home in the same location and footprint with a new 2nd story; setback variances are required to address the minor footprint change and the expansion upward for the 2nd story. The basement of the proposed home will be elevated one (1) foot, 5.8 inches (or 1.7 feet) higher than the existing home to meet the floodplain regulation. The proposed home shows a 4 foot overhang surrounding the structure with will add to the massing of the building. The vacant property to the west is owned by Hennepin County. 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 applicant is not proposing to increase the footprint of the home. The proposed variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its depth and narrow width, existing improvements, and proximity to the lake, making development difficult. 2. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home with a similar footprint on this nonconforming lot are consistent with the comprehensive plan. 77