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FILE # 16-3849 <br />14 July 2016 <br />Page 2 of 4 <br /> <br /> <br />Section 78-570 - Lot Area/Width: <br /> <br />RS District Lot Area Lot Width <br />Required 217,800 s.f. (5.0 acres) 200’ <br />Actual 32,729 s.f. (0.75 acre) 133’ @ 75’ / 142’@ OHWL <br /> <br />Applicable Regulations: <br />Side Setback Variance (Section 78-570) <br />The RS district requires a 30-foot setback from platted rights-of-way. The existing cabin is set <br />back 1.2’ from the right-of-way and the elevated deck is 0.7’ from the right-of-way. The code <br />permits roof mounted solar panels to be installed on buildings and stipulates that the required <br />structural setbacks must be met. A variance is required. <br /> <br />Average Lakeshore Setback Variance (Section 78-1279) <br />The cabin on the property to the east, which determines the average lakeshore setback, is <br />situated approximately 194 feet from the OHWL; the applicant’s cabin is approximately 130 feet <br />from the OHWL. A variance is required. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br />on values of property in the surrounding area. The Planning Commission shall consider <br />recommending approval for variances from the literal provisions of the Zoning Code in instances <br />where their strict enforcement would cause practical difficulties because of circumstances unique <br />to the individual property under consideration, and shall recommend approval only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br />Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br />also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br />Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, <br />subd. 2, when in harmony with this chapter. The board or the council may not permit as a <br />variance any use that is not permitted under this chapter for property in the zone where the <br />affected person's land is located. The board or council may permit as a variance the temporary <br />use of a one-family dwelling as a two-family dwelling. <br /> <br />According to MN §462.537 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />variances are minimal and generally consistent with the intent of the ordinance. <br />2. The variance is consistent with the comprehensive plan. The requested variances are <br />consistent with the residential goals within the comprehensive plan. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; Installation of solar panels on the existing <br />cabin is a reasonable use of the property, the existing setbacks of the cabin <br />necessitate variances. <br />b. There are circumstances unique to the property not created by the landowner; <br />The cabin’s location lakeward of the average lakeshore setback line and within <br />the required 30-foot side setback; the separation between the subject cabin and