06-20-2016 Planning Commission Packet

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� FILE#16-3832 , June 20,2016 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-420-Setbacks: RR-1B Required Proposed Wetland 35' 0'-40' Lakeshore 150' 40' Section 78-420-Lot Area/Width: RR-16 Lot Area Lot Width Required 2 acres 200' Actual 21.80 acres 1,607' @ 75' 1,700' @ OHWL Applicable 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 intent of the ordinance is to maintain a rural,natural character adjacent to the lake.The fence is placed to minimize impacts to the lake,and is of a design intended to blend into a rural 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 minimum standards for health, safety, and general welfare of residents. The fence proposed is consistent in character with minimal lake impact,and accomplishes certain health, safety general welfare goals identified by the City by offering expanded recreational opportunities. 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 property is currently a park. The