09-18-2017 Planning Commission Packet

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FILE#17-3968 18 Sept 2017 Page 4 of 6 a. The lot width and lot area variances are consistent with the general intent of the Ordinance. The proposed home is designed to be lower than the maximum defined height of 30 feet. b. The requested average lakeshore setback variance is in harmony with the Ordinance as the only adjacent neighbor sits at a higher elevation and the proposed height of the home is designed to minimize the impact on the lake views over the property currently enjoyed by the neighbor at 1555. c. The lake setback variance requested for the home is in part due to the shape and size of the property.The 75-foot setback area is a highly protected zone and there are modifications in the house design which could accommodate the 75-foot setback requirement.A variance to encroach into the 75-foot setback would not be in harmony with the ordinance, nor would the associated hardcover variance within the 75-foot setback. d. The rear setback variance is also influenced on the shape and buildable area of the property.The effort to move the house away from the lake results in the rear encroachment variance,which may be reasonable considering the limited buildable area and the desire to protect the lake. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone 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; The request to permit construction of the home on the substandard lot, in the proposed location within the rear yard setback and lakeward of the average lakeshore setback, appears to be somewhat reasonable as the property's reduced size and angle of the lot lines with respect to the lakeshore and adjacent properties creates difficulties. The encroachments proposed within the lake yard in addition to the hardcover may not be reasonable. b. There are circumstances unique to the property not created by the landowner; the uniquely small size, location with respect to adjacent lots, and required setbacks prevent a reasonably shaped residential footprint and in the case of the Average Lake Setback,development of any residential structure;and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. 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 Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as the use for a residence is an allowed use in the LR-1B Lakeshore Residential District.