06-20-2016 Planning Commission Packet

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FILE#16-3835 15 June 2016 Page 3 of 5 Applicable Regulations: Lake Setback and Avera�e Lakeshore Setback Variances (Code Section 78-1279);Side Yard Setback Variance (Code Section 78-350) Due to the property's location at the point of Fagerness Point Road,the applicant's home is almost entirely within the average lakeshore setback and within the 75 foot setback from the lake on all sides; a corner portion of the northeast part of the home encroaches up to 7 inches into the side yard. The applicant's plan to expand the overhangs on the gable ends by 18 inches requires variances because of the nonconforming location of the existing home. The Survey and Building Elevation Exhibits, Exhibits C and D respectively, have been color coded to illustrate where the expanded overhangs will be located. Governing Regulation:Variance (Section 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. 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 proposed expansions of the roof overhangs on the gable ends are reasonable and typically a permitted encroachment.The variances are in harmony with the intent of the Ordinance. 2. The variance is consistent with the comprehensive plan.The requested variances are in line with the residential goals within 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 variance requests are residential in nature and are reasonable considering the unique nature of this property as a point into the lake. b. There are circumstances unique to the property not created by the landowner; the location of site on the point was not created by the owner, and c. The variance will not alter the essential character of the locality. The visual impacts resulting from the additional 18" of overhang on the gable ends will not alter the character of the neighborhood. Rather,the home will appear to be aesthetically consistent with the adjacent neighbors. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: