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� ' � <br /> FILE#15-3795 <br /> 12 Jan 16 <br /> Page 3 of 5 <br /> feet from the upper deck stair and pergola (10 feet from the deck itself), 75 feet from the OHWL, <br /> and lakeward ofthe average lakeshore setback line. <br /> Crowdin� Principal Buildin� (Code Section 78-1438) <br /> A corner of the proposed pool encroaches within the required 10-foot separation between <br /> structures. The pool will be 10-feet from the deck itself, however is situated as close as 4-feet <br /> from the deck stairs and the pergola over the deck. <br /> 0—75-Foot Hardcover Variance (Code Sections 78-1680&78-1700) <br /> With the exception of a lake access stair, the applicant has revised the plan to meet the 75-foot <br /> setback for hardcover. The stairs are a permitted encroachment in this area, the wall is integral <br /> to the stair and may be permitted. The applicant is also proposing to add a paver walkway <br /> between the portions ofthe proposed stairto the lake,this hardcover is not permitted within the <br /> 75-foot setback. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing 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 <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The P/anning Commission shall consider <br /> recommending approval for variances from the litera/provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, <br /> subd. 2, when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located. The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Granting the lake setback and average lake setback variances to allow an in-ground pool <br /> and patio to be constructed within 150-feet of the OHWL and within the average <br /> lakeshore setback would be consistent with the majority of the large lot properties in <br /> Orono and will likely not alter the essential character of the locality. <br /> 2. The variance is consistent with the comprehensive plan. Based on the size and <br /> orientation of the property as well as the location of the existing home,granting of the <br /> proposed setback variances would not be contrary to the intent of the Comprehensive <br /> Plan and Zoning Code. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls;the property owner proposes to install a pool <br /> and pool deck which are residential in nature and reasonable from a residential <br /> scope. <br />