10-16-2017 Planning Commission Packet

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FILE#17-3970 16 Oct 2017 Page 3 of 5 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.The existing home on the property is situated entirely within the shore setback(75-foot setback).The proposed addition by nature of the connection will encroach somewhat into the 75-foot setback,approximately a 20 foot encroachment,the balance of the addition will be beyond the 75-foot setback.The addition will be connected to the existing home in the location of the open hot tub deck area which will become enclosed.This criterion is met regarding the addition. The variance requested to construct retaining walls is purely for convenience and aesthetic reasons; therefore this criterion is not met.The connection within the 75-lake yard is necessary to avoid size limitations imposed on accessory structures,which are in part,to maintain a reasonable scale and character of Orono neighborhoods. 2. The variance is consistent with the comprehensive plan.The proposal to construct additions to the existing home in the most conforming manner possible is 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 proposed addition will increase the bulk and massing on the property which is already non-conforming.These improvements are within close proximity to the lake. The recent acquisition of land opens the property owners' possibilities for improvements which could conform to the code.This criterion is not met. b. There are circumstances unique to the property not created by the landowner;The property owner built the existing home on the property.Their recent acquisition of adjacent land creates options for improvements which could conform to the code. Further,the owner recently removed vegetation and conducted grading within the 75- foot lake yard in the area to be incorporated with their property.This activity was commenced without proper City permits and approvals.The request for retaining walls in this area to stabilize the slope was caused directly by the owners'actions.This criterion is not met;and c. The variance will not alter the essential character of the locality. The visual massing of structure and additional hardcover within the 75 foot setback will alter the character of the locality, particularly when viewed from the lake.This criterion is not met. 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