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12-3544 , ' <br /> 15 February 2012 <br /> Page 6 of 9 <br /> applicable. <br /> (8) Fill or excavated material must not be placed in bluff impact zones. Not applicable. <br /> (9) Any alterations below the ordinary high water level of public waters must first be <br /> authorized by the commissioner of the department of natural resources under Minn. Stat. § <br /> 103GZ45. Not applicable. <br /> (10) Alterations of topography must only be allowed if they are accessory to permitted <br /> or conditional uses and do not adversely affect adjacent or nearby property. The alterations <br /> proposed are related to the mitigation for the removal of the existing house foundation and minor <br /> leveling of the adjacent grade consistent with the redevelopment of the property for residential <br /> use. <br /> (11) Placement of natural rock riprap, including associated grading of the shoreline and <br /> placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal <br /> to one foot vertical, the landward extent of the�riprap is within ten feet of the ordinary high water <br /> level, and the height of the riprap above the ordinary high water level does not exceed three feet.A <br /> riprap permit shall be obtained per the requirements of section 78-969. Not applicable. =+� <br /> Practical Difficulties Statement <br /> Applicants have completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> In considering applications for variance, the P/anning Commission shall consider the effect of the proposed <br /> variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, <br /> light and air,danger of fire,risk to the public safety,and the effect on values of property in the surrounding <br /> area. The Planning Commission shall consider recommending approval for variances from the literal <br /> provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties <br /> because of circumstances unique to the individual property under consideration, and shall recommend <br /> approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of ti►e <br /> Orono Zoning Code. <br /> Staff Discussion <br /> The lot was legally created prior to the adoption of the current zoning standards and the current <br /> home already existed when the current standards were adopted. The size, location and other <br /> nonconforming circumstances are unique to the property not caused by the landowner. <br /> One factor in considering practical difficulty is assuring the request is in keeping with the character <br /> of the neighborhood and adjacent properties. The Planning Commission should determine if the <br /> requested variances will alter the essential character of the locality. Although conforming in height <br /> and massing,the proposed home will be taller and have greater mass than the existing home. It will <br /> become more visible when viewed both from the lake and Ferndale Road West. <br /> Rear/Street Setback Variance The applicant is proposing to encroach 5 feet closer to the road than <br /> the existing home. However, the proposed home will correct the existing nonconforming setback <br /> from the neighboring property resulting in less crowding and more open space between homes. As <br />