10-17-2016 Planning Commission Packet

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Practical Difficulty Statement(additioIIal statements) 1380 Orotto Lane,Orono MN 1."The property owner proposes to use the property in a reasonable rnanner not permitted by the Zoning Chapte�." Secondly,proposing relocating a portion of the existing driveway that currently lies within the 35'wetiand buf£er& moving it closer to the garage/autacourt area. There is an existing 372 sq ft within the setback and the proposed amount of impervious surface for re-location is 291 sq ft. The remaining 81 sq ft is eliminated. Thirdly,proposing a slight alteration to the patio within the 75' lake setback. The change iun the footprint reduces the overail impervious surface in this zane fi-om 502 sq ft, to 338 sq fr. (these calculations do not include pool footprint,only the patio surface) 2."The plight of the landowner is due to circumstances unique to his property not created by the landowt�er." Re-locationg driveway turnaround/parking improves functionaliTy. Changing the portion of the patio within the 75' lakeside setback reduces total impervious swrface by 164 sq ft and improves functionality. 3."The variance� if granted,will not alter the essential characte�of the locality."NO 4."Economic considerations alone do nat constitute practical difFicultles if reasonable use for the property exi�ts under the terms of the Zoning Chapter." These requests solely make things more functional8c reduce impervious surface 5."Practical difflculties include, but are not limrted to, inadequate access to direc#sunlight for solar energy systems.Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06,Subd.2,when in harmony with this Chapter." NA 6."The Board of Appeals and Adjustments or the Council may not permit as a var9ance any use that is not allowed under tl�is Chapter for property in the zone where the affected person's land is located." NA 7. "The Boarcl or Council may permit as a variance the temporary use of a one-family dwelling as a twa family dwelling.'° NA 8."The special conditlons applying to the structure or land In questlon ar� peculiar to such property or immediately adjoining property." The current setbacks limit functionality/space 9."The conditions do not apply generally to other land or struc#urea in the district in which satd land is located." LJnique lot with many setbacks make it difficult 10. '?he granting of the appiication Is necessary for the preservation and enJoyment af a aubstantial property right vf the applicant." Also,wishes to make driveway&patio more fimctional while reducing overall impervious surface within setback areas 11."The grantfng of the proposed variance will not in any way impair health,safety, comfort,morals,or in any other respect be contrary to the intent of the Zoning Code." NO 72. NThe granting of such variance wlll not merely serve as a convenience to the applicant, but is necessary to allevfate demonstrable difficulty." Existing location of driveway turnaround not functional,requesting to relocate less sq ft to more useable locarion. Patio change is to accommodate new pool,while de�reasing impervio�as surface within the setback. Practical Difficulties Statement Should yau feel the�actical dffflculties cannot fuly be described in tl�e above criteria,deacribe the practical dif�iculties preventing compliance with Zoning Ordinance r+equiremer�ts in the follawing linea(attach addWonal sheets if nec�sary): Aciditions to previous variance request#38�6 for 1380 Orono la�e,Orono MN *Variance-drivewayrelocation/wetland setback. Requesting to relocate portion of driveway to a more fanctional Iocation to accommodabe new home. The request results in 81 sq ft less impavious surface within the 35'wetiand setback. •Variance—Changing the fovt�rint of the patio widain die 75'lakeside setback Requesting to modify patio to accommodate poot while eli�g 164 sq ft of impervious sur�ace.