06-18-2012 Planning Commission Packet

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� FILE#12-3556 June 11,2012 Page 3 of 5 Lot Area and Width Variances The lot area and width of this property are consistent with many other developed lots within the LR-1A District as well as within the surrounding neighborhood. A substantial residence can be constructed on the property without the need for setback or hardcover variances. Note that the portion of driveway within the 0-75' zone is allowed by code and is necessary to access the property. Average Lakeshore Setback Variance The average lakeshore setback is established by a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. In this case, the average setback is defined by the homes at 1900 Shoreline Drive and 1920 Shoreline Drive. The home at 1920 is located approximately 460' from the Lake Minnetonka shore due primarily to the shape of that lot, which was granted a lot width variance in 1989. The residence at 1900 Shoreline Drive is located approximately 240'from the lakeshore. . , The defined average lakeshore setback line angles across applicant's lot near its midpoint, rendering the front half of the lot unbuildable unless a variance is granted.The back half of the lot is constrained by a wetland classified in the Preserve category, requiring a 50' buffer and 20' buffer setback. This combination plus the required 30' side setbacks yields a trapezoidal buildable envelope approximately 90'wide and averaging 100' deep. The proposed house would encroach approximately 58 feet past the average setback line measured perpendicular to that line. Practical Difficulties Statement Applicant has provided a narrative/letter of request(Exhibit B) in lieu of the Practical Difficulties Documentation Form,and should be asked for additional testimony regarding the application. Practical Difficulties Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the hea/th, safety and welfare of the community, existing and anticipated traffc conditions, light dnd air, danger of�re, risk to the public safety, and the effect on values of property in ihe 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 wou/d cause practica/ di�cu/ties because of circumstances unique to the individua/ property under consideration, and shall recommend approval on/y when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Lot Area/Width. The property is similar in area and width to many other lots in the immediate and surrounding area, as can be witnessed from the maps in Exhibit J. But for the narrowing at the shoreline to slightly less than 100 feet,this lot would meet the criteria for an administrative ` 'lot area/width approval per Section 78-72. The practical difficulties inherent in this lot are that ` � it was created prior to current zoning standards and there is no adjacent land available to acquire to make the property larger in area or width. Average Setback. The request for an average setback variance is in part based on preservation of a wooded area within the back half of the property. The front of the main portion of the house will be located in an open area (see airphotos) abutting the woods. The L-shape of the proposed house plus the proposed pool will still substantially impact the woods,while placing