07-18-2016 Planning Commission Packet

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FILE#16-3839 13 July 2016 Page 3 of 6 is as close as 17.6 feet from the east property line. Because of the orientation, continuing the east line of the house to extend the garage results in an even greater encroachment into the already nonconforming property line setback. The property is situated on the eastern limit of the City on Ferndale Road West.The neighbor to the east is within the City of Wayzata;Wayzata's side setback requirement for their R-1 district is 20 feet. The home on the property to the east (692 Ferndale Road W) is approximately 120 feet from the side lot line. Lake Setback Variance (Section 78-1279) The existing home is situated as close as 20 feet from the lake.Although the proposed addition is on the street side of the home, it is still within the 75 foot setback. Hardcover Variance (Sections 78-1680& 78-1700) At 34.73%,the existing conditions on the Tier 1 property exceed the permitted 25%. Approximately 11%of the site's existing hardcover consist of the house and lakeside patio and is within the 75-foot setback; another 15% is attributed to the approximate 160 foot long driveway.The applicant is proposing to remove and replace the driveway in a different, more functional configuration. The proposed addition has a 7' x 24' portion within the 75-foot setback area, approximately 15 square feet of which would be considered new hardcover in an area that is currently pervious.The remainder of the proposed garage addition wili be constructed over existing driveway hardcover. 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 Planninq 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 counci) 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 lakeshore setback variance is minimal and generally consistent with the intent of the ordinance. The 75-foot lake setback and 0-75 foot zone hardcover variance requested to permit the garage addition result in no net increase in hardcover for the property, and are in harmony with the ordinance which serves to limit hardcover surfaces within 75-feet of the lake.