11-21-2016 Planning Commission Packet

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• FILE#16-3877 November 15,2016 Page 4 of 8 Lot 4 400' None None likely Although not likely,moving house as far forward as possible toward lake would not impact neighbor's views unless house on Lot 3 is moved far westward Lot 5 200' None None likely Minimal if any impact on adjacent homes' lake views Lot 6 130' 15-20' If home on Lot 7 moves No impact on neighbor's west,ALS encroachment lake views even if home will increase moves forward Lot 7 150' 45-50' If home on Lot 6 moves Moving this house westward lakeward,that reduces the increases the ALS ALS encroachment for Lot 7 encroachment for Lot 6,but no view impacts APPLICABLE REGULATIONS 78-1279(6):Average Lakeshore Setback Regulations (6) Average lakeshore setback.No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways,lifts,landings,lockboxes,flagpoles and pump houses. Further,the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right- of-way,the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. Governing Regulations:Variance(Sec. 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.