02-16-2016 Planning Commission Packet

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FILE#16-3806 10 Feb 2016 Page 3 of 5 4. All other zoning district standards can be met. The property is nearly conforming with respect to lot area and lot width, however the applicant's request for an average lakeshore setback variance results in the property's inability to conform to #1 above.Therefore, lot area and width variances are required in order to redevelop the property. Avera�e Lakeshore Setback Variance (Section 78-1279) The applicant is proposing to construct a new home with lakeside deck at a similar setback to the existing structures on the property. The existing deck and home encroachments are as much as 55 feet lakeward of the average lakeshore setback line. The new home is proposed to encroach approximately 48 feet lakeward of the average lakeshore setback line and the new deck is shown with as much as a 50 foot encroachment lakeward of the line. Governing 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 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. 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 lot area, lot width variances requested are consistent with the general intent of the Ordinance. The requested average lakeshore setback variance is in harmony with the Ordinance as the most adjacent neighbors' lake views will not be impacted by the new home. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;The request to permit construction of portions of the proposed home lakeward of the average lakeshore setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the mature vegetation and topography separate the subject property from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The sub-standard size of the subject property was not the result of actions by the landowner.The neighboring home to the north is set back further from the