HomeMy WebLinkAboutLA20-000058 (2697 Casco Pt Rd) Ex E PCSRDate Application Received: 08/19/2020
Date Application Considered as Complete: 08/25/2020
60-Day Review Period Expires: 10/25/2020
To: Chair Ressler and Planning Commission Members
Dustin Rief, City Administrator
From: Melanie Curtis, Planner mcc
Date: 21 September 2020
Subject: #LA20-000058, Mark & Mary Enger, 2697 Casco Point Rd,
Variance
Public Hearing
Background
The owners built a new home on the property which was completed in 2019. The project was
designed to conform to the 25% hardcover limitation. After living in the home through one
winter the owners have realized there are a number of challenges in their driveway design
relating to its length and narrowness; its orientation and proximity to the home; and the steep
slope leading up to Casco Point Road. They are requesting a hardcover variance to permit an
additional 100 square feet of driveway hardcover to add a 10’ x 10’ back up apron so they and
their guests may drive out of the property facing frontward.
Practical Difficulties Analysis
Applicant Submittal Information: The applicant has identified safety, the busy roadway, the
property’s unique design, slope and driveway easement as practical difficulties supporting the
requested variance. Additionally, they have provided supporting documentation regarding
Practical Difficulties attached as Exhibit B, and should be asked for additional testimony
regarding the application.
Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there may be
consideration for the slope and access challenges to support a small hardcover variance. The
home is newly constructed suggesting that the difficulty is self-created.
Application Summary: The applicant is requesting a hardcover variance to add a 10’x10’
driveway turnaround.
Staff Recommendation: Planning Staff recommends approval of the additional hardcover if
planning commission finds practical difficulty supports a variance.
FILE #LA20-000058
21 Sept 2020
Page 2 of 4
LOT ANALYSIS WORKSHEET
Section 78-1288; 78-1680; and 78-1700 - Hardcover Calculations:
Overlay District Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Tier 1 20,509 s.f.
Applicable Regulations:
Hardcover Variance (Sections 78-1288; 78-1680; and 78-1700)
Due to a calculation error by the surveyor, the property is currently 43 square feet over the 25%
limitation. The applicants are requesting approval for an additional 100 square feet of hardcover
in addition to the acknowledgment of the additional 43 square feet. In reviewing the hardcover
elements on the property there few areas where reductions can occur as the house and
driveway account for the majority of the site hardcover. The length of the driveway combined
with the steepness of the road approach suggest that a turnaround area should have been
included in the original plans
Governing Regulation: Variance (Section 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.
According to MN §462.357 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
proposed variance is in harmony with the purpose of the Ordinance. The substandard lot
has difficulties in its slope, small size and depth, and unique configuration with the
driveway easement and Casco Point Road.
2. The variance is consistent with the comprehensive plan. The hardcover variance is
requested to alleviate the owners’ safety concern relating to the challenging driveway
configuration which is not inconsistent with the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
FILE #LA20-000058
21 Sept 2020
Page 3 of 4
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The variance request to allow expansion of
the driveway hardcover may be reasonable and may be supported by the
practical difficulties found in the restricted maneuverability which results from
the narrow width and orientation on the property in addition to the steep
access to the elevated, highly trafficked roadway is not unreasonable.
b. There are circumstances unique to the property not created by the landowner;
The shared driveway access and topography of the lot were not created by the
owners. However the recent redevelopment of the property provided a
missed opportunity to improve the driveway situation; and
c. The variance will not alter the essential character of the locality. The minimal
hardcover variance requested to provide better maneuverability on the
driveway will not alter the essential character.
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 a driveway for a residence 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 sloped topography, lot width and
depth, and shared driveway situation are particular to this property.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The street adjacent to this lot is substantially higher than the
house. The slope conditions and orientation of the access to the busy roadway do not
generally apply to the other properties in the LR-1C district.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The owners indicate that granting the
hardcover variance is necessary for the preservation of their property right.
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. Granting a
hardcover variance to allow for a safer driveway in this situation is not contrary to the
intent of the zoning chapter.
12. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. All of the practical difficulties have
not been met to justify supporting the hardcover variance. It appears the driveway
configuration should have been addressed with the Owners’ recent redevelopment of
the property. The granting of the variance would alleviate created safety concerns for
the owners, rather than convenience. This criterion is not met.
FILE #LA20-000058
21 Sept 2020
Page 4 of 4
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.
Public Comments
Comments from neighbors have been received. The comments are attached as Exhibit F.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter
the essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
While understanding and appreciating the plight of the applicant, Planning staff cannot
recommend approval of the variance. Staff encourages the Commissioners to visit this property.
If the Commission finds that the practical difficulties support granting of a variance to
accommodate the 100 square foot turnaround and the additional 43 square feet of hardcover
erroneously miscalculated, a recommendation for approval may be appropriate.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Proposed Survey/Site Plan
Exhibit D. Applicant Photos
Exhibit E. Submitted Hardcover Calculations
Exhibit F. Neighbor Comments
Exhibit G. Property Owners List
Exhibit H. Plat Map