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A <br /> ) <br /> FILE#16-3849 <br /> 14 July 2016 <br /> Page 2 of 4 <br /> Section 78-570-Lot Area/Width: <br /> RS District Lot Area Lot Width <br /> Required 217,800 s.f. (5.0 acres) 200' <br /> Actual 32,729 s.f. (0.75 acre) 133' @ 75' / 142'@ OHWL <br /> Applicable Regulations: <br /> Side Setback Variance (Section 78-570) <br /> The RS district requires a 30-foot setback from platted rights-of-way.The existing cabin is set <br /> back 1.2'from the right-of-way and the elevated deck is 0.7'from the right-of-way.The code <br /> permits roof mounted solar panels to be installed on buildings and stipulates that the required <br /> structural setbacks must be met.A variance is required. <br /> Avera�e Lakeshore Setback Variance (Section 78-1279) <br /> The cabin on the property to the east,which determines the average lakeshore setback, is <br /> situated approximately 194 feet from the OHWL;the applicant's cabin is approximately 130 feet <br /> from the OHWL. A variance is required. <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 Planning Commission shall consider <br /> recommending approval for variances from the literal 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. The <br /> variances are minimal and generally consistent with the intent of the ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The requested variances are <br /> consistent with the residential goals within the comprehensive plan. <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; Installation of solar panels on the existing <br /> cabin is a reasonable use of the property, the existing setbacks of the cabin <br /> necessitate variances. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The cabin's location lakeward of the average lakeshore setback line and within <br /> the required 30-foot side setback;the separation between the subject cabin and <br />