07-20-2015 Planning Commission Packet

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FILE#15-3753 20 July 2015 Page 2 of 4 LOT ANALYSIS WORKSHEET The subject property is not a platted lot; it is an extension of Lydiard Avenue Right of Way (ROW). The ROW terminates at the water's edge. There are minimum requirements for platted lots; as the ROW is used for public purposes, these minimums do not appiy. Section 78-1405 (a)8-Non-encroachments: LR-16 DISTRICT Required Proposed Lakeshore fences 75' 25' The ordinance requires a setback of 75 feet from the Ordinary High Water Line for all fences. Split rail fences are permissible in required front yards, due to their open, rural character. However, this exception does not apply to lake yards. Section 78-1680 and 78-1700-Hardcover Calculations: The extension of Lydiard, forming the beach and parking area, is within Tier 1, which maximizes hard cover to 25%of the gross lot area. The existing improvements on the property, including the long gravel drive and parking area exceed the hard cover 25% maximum. The existing bollards create approximately 4.4 sq ft of hard cover(8" x 8" post multiplied by 10 posts). The hardcover associated with the proposed improvements will be 62.5 sq ft (125 feet of fence x 6 inches of width)for an increase of 58 square feet Applicable Regulation:Variance (Section 78-123) In reviewing applications for variance, the P/anning Commission shall consider the effect of the proposed variance upon the health, safety and we/fare 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 P/anning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practica/difficulties because of circumstances unique ro 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 atso 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. 2, 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 §462.537 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 intent of the ordinance is to maintain a rural, natural character adjacent to the lake. The Planning Commission should discuss if a split rail fence provides a consistent character. 2. The variance is consistent with the comprehensive plan. The global intent of the Comprehensive Plan is to maintain a certain character of the City, while establishing