11-20-2017 Planning Commission Packet

Home Browse Search

FILE#17-3979 20 Nov 2017 Page 4 of 5 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The home on the subject property and the neighboring homes are mostly in line and situated ±30 feet from the rear/street property lines resulting in a narrow area for improvements conforming to the average lakeshore setback line. This condition applies to the immediately adjacent properties.This criterion is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owners have an existing home on the property which includes lakeyard area to construct a conforming screen porch of a different configuration demonstrating reasonable use.This criterion is not met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter.The intent of the zoning ordinance is to provide an opportunity for development and reinvestment in neighborhoods while reinforcing Orono's goals of lake and natural resource protection,while preserving the unique neighborhood character. The proposed screen porch addition is out of character with the neighborhood,and the lake yard variances are proposed to avoid a tenant of the Code intended to protect against uncharacteristic bulk and mass.This criterion is not met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. It appears the purpose for granting the requested variances would be for the convenience to the applicants. This criterion is not met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds no practical difficulties supporting hardcover and structural encroachment into the 75- foot setback.Additionally,the screen porch could be designed to provide for outdoor living space within the permitted setback areas. Although supported by neighbors, Staff does not identify sufficient practical difficulties supporting the substantial average lakeshore setback encroachment. Engineer Comments The City Engineer has not reviewed this project as there are no changes to the grades on the site. Building Official Comments No building permits were issued for the deck rebuild or the new screen porch. Therefore, no structural evaluation was conducted for the new structure. In order to process the issuance of a building permit the following will need to be completed: 1. Applicant submittal of detailed construction plans for the structure; 2. To verify all structural components the Building Official must inspect the structure. This may result in one,or both, of the following: