09-18-2017 Planning Commission Packet

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FILE#17-3968 18 Sept 2017 Page 3 of 6 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's proposed need for setback and 75-hardcover variances results in the property's inability to conform to#1 and#4 above.Therefore, lot area and width variances are also required in order to redevelop the property. Rear Setback Variance(Section 78_33Q Earlier this year,the City Council adopted ordinances reducing the rear and side yard setbacks for the LR-1B district and the side yard setbacks for narrow lots.The new code requires a 20 foot rear setback,where previously a 35-foot setback was required. Additionally,the side yard setback for narrow lots was permitted to be reduced to 10%of the lot's width, however not less than 7.5 feet.The applicant's lot is 83 feet wide resulting in an allowed side setback of 8.3 feet. The applicant is requesting a variance to permit a 10 foot rear setback. Average Lakeshore Setback Variance (Section 78-1279) Because the property has only one abutting lakeshore neighbor, 1555 Orchard Beach Place,the average lakeshore setback line is approximately 125 feet from the lake. To conform,the proposed home on 1565 would need to be set back at least 125 feet from the OHWL.The average lakeshore cannot be met because the subject property is only 110—120 feet deep. Lake Setback Variance(Section 78-1279) &75-foot Setback Hardcover Variance(Section 78- 1680) Portions of the proposed home and accessory hardcover are within 75-feet of the OHWL.The proposed access stair near the lake is permitted under City Code Section 78-1680; however the patio attached to the home, portions of the home,and portions of the entry stoop are not permitted.The hardcover associated with the non-permitted features within the 75-foot setback totals approximately 246 square feet,or 2.5%of the site's hardcover. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the 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 intent of the 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.