10-17-2016 Planning Commission Packet

Home Browse Search

FILE#16-3876 11 Oct 2016 Page 3 of 5 Lake Setback& Hardcover Variance (Sections 78-1281, 78-1282, &78-1680) The applicants are re-building the in-ground pool in the same location and footprint as the existing pool.They wish to reconfigure the pool deck/patio to reduce the hardcover within the 75-foot setback and make the patio more functional.Their changes result in a 299 square foot reduction of the hardcover within the 75-foot setback. Because they are proposing to change the footprint of the patio a hardcover and setback variance are required. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of rhe 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 intenr of rhe 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. All of the proposed improvements are residential in nature,are minimal in scope, and do not conflict with the general intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The requested variances result in residential improvements which are consistent with the comprehensive plan. 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; it is reasonable to rearrange the pool patio within the lake yard to reduce the hardcover impact and make the patio more functional; it is reasonable and minimal to permit a small pool shed for the storage of pool chemicals, equipment, and accessories near the pool as well; the encroachment into the wetland setback is reasonable, and does not encroach into the required 25-foot MCWD buffer; b. There are circumstances unique to the property not created by the landowner; The 3.3 acre property contains a wetland which separates the dry buildable land at the lake from the remaining dry buildable land, limiting options for development. Further, the narrowness of the buildable area in the lake yard portion of the property and the floodplain elevations limit usability of the land; and c. The variance will not alter the essential character of the locality. The proposed variances result in a changed pool patio and driveway as well as a small shed for pool equipment within the street side yard.There is currently a fence along the street side yard which will be replaced with vegetative screening. The