11-20-2017 Planning Commission Packet

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FILE#17-3981 11/20/2017 Page 4 of 6 the property.The average lakeshore setback is proposed to stay the same distance for the new deck compared to the existing deck but will increase the square footage in this setback. The applicant should demonstrate practical difficulties to support the expansion in this location. The visual impact to the property to the east is somewhat minimal as the existing garage in that location blocks lake view. 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 applicant is proposing to keep the existing foundation to maintain the existing footprint of the home. The proposing upper level addition is a reasonable use of the property.There is no space to build a conforming structure. b. There are circumstances unique to the property not created by the landowner; The applicant is working within the existing footprint of the home, which was not created by the current landowner and will be maintaining the existing rear, side, lake yard setbacks. They hardcover, driveway width and average Lakeshore setback are all being altered from the existing home.and c. The variance will not alter the essential character of the locality. The proposed addition and remodel of the existing home will not alter the character of the neighborhood. 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 single family home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The small building envelope with the substandard lot,and the right of way that passed through the lake yard of the property create a difficulties that are unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.Crystal Bay Road is relatively unique within the LR-1C district due to the shallowness and narrowness of the lots,the road location,the proximity to the lake, and the existing Hennepin County Rail property to the rear. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this to be true to allow for the upper addition of the home and to address the driveway access for the garage.