HomeMy WebLinkAboutLA20-000042 2520 Casco Pt Rd, VAR, Ex C PCSRDate Application Received: 06/23/2020
Date Application Considered as Complete: 06/24/2020
60-Day Review Period Expires: 08/23/2020
To: Chair Ressler and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden
Planner
Date: July 20, 2020
Subject: LA20-000042, Lake Country Builders o/b/o Ron and Holly Rocca, 2520 Casco
Point Road, Variance, Public Hearing
Background
The applicants are proposing to construct a garage addition to the existing home. This is a long
narrow lot that fronts on Lake Minnetonka. The existing home is nonconforming with a 5.7’
side yard setback where 7.5’ is required. The majority of the proposed addition meets the
setback for the proposed garage space, however, a portion to accommodate an existing
stairway is proposed to be 5.8’ from the property line. This portion is 6’ by 2’ for a total of 12
square feet of new encroachment into the side yard setback. The applicant is also proposing to
redesign the driveway and will bring the hardcover for the property into conformance from 29%
to 24.5%.
Practical Difficulties Analysis (For Variance Applications Only)
Applicant Submittal Information: The applicant has identified the location of the existing home
and existing stairwell in nonconforming location in a substandard lot 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 are
practical difficulties due to the substandard narrow lot and the existing home. The applicant is
only proposing a small encroachment into the setback to allow for a landings to the existing
stairs. Majority of the addition is in conforming location minimizing the footprint within the
setback. The applicant is also proposing to reconstruct the driveway and bring the hardcover for
the property into conformance.
LOT ANALYSIS WORKSHEET
Section 78-350 - Setbacks:
Lake 75’ 93.6 No Change
Street 30’ 230’ 200’
Application Summary: The applicant is requesting side yard setback variance.
Staff Recommendation: Planning Department Staff recommends approval.
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July 20, 2020
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Side (North) 7.5’ 5.7’ 5.8’
Side (South) 7.5’ 15’ No Change
Average Lakeshore Met. No Change
Section 78-350- Lot Area/Width:
DISTRICT LR-1C Lot Area Lot Width
Required 21,780 s.f. (0.5 acres) 100’
Actual 22,646 s.f. (0.52 acre) 64’ @ 75’ / 64’ @ OHWL
Section 78-1403- Structural Building Coverage:
22,646 s.f. (0.52 acre) Allowed: 4,529 s.f. (20%)
Proposed: 2,481 s.f. (11 %)
Section 78-1680 and 78-1700 - Hardcover Calculations:
Overlay District Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Tier 1 22,646 s.f. 5,547 s.f.
(24.5 %)
Applicable Regulations:
Side Yard Setback (78-350)
The applicant has an existing narrow lot of 64’ wide allowing a 7.5’ side yard setback. The
existing home is nonconforming with a 5.7’ along the north side of the property. The applicant
is proposing an addition with a 2 x 6 area to maintain a 5.8’ side yard setback for a stair landing.
The rest of the proposed addition will conform to the setbacks.
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:
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July 20, 2020
Page 3 of 4
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed variance is in harmony with the intent and purpose of the Ordinance. The
project reduces hardcover bringing the property into conformance. The side yard
setback is minimal and reasonable for stair access.
2. The variance is consistent with the comprehensive plan. The proposed project to
remodel an existing home on a narrow lot working to meet all official controls. The side
yard setback variance is looking to address existing conditions within the home. The
project is working to follow the goals of 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 project to remodel an existing
home on a substandard lo while bringing the hardcover into conformance with
a minimal encroachment within the side yard to allow access to existing stairs
is following to goals for comprehensive plan.
b. There are circumstances unique to the property not created by the landowner;
the existing home and substandard lot are unique and not created by the
property owner. and
c. The variance will not alter the essential character of the locality. . The variance
is requested in order to permit an addition to the home designed to fit the
character of the neighborhood according to the submitted information.
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 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 property’s substandard width as well
as the existing home create difficulties and are peculiar.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The applicant is working to keep the existing home with the
proposed addition showing a small 2x6 encroachment into the side yard setback to
allow for a landings to an existing stairway. The current property which exceeds city
hardcover requirements will be brought into conformance. The existing conditions are
unique to this property and the proposed project would bring the overall hardcover for
the property closer to conforming to the City regulations.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting to side yard setback variance is
necessary for the use and preservation of the property.
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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 the
requested variances in this unique 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. The variance does not merely serve as
a convenience to the applicant. The variances are necessary as the property has
practical difficulties affecting development.
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
The applicant has submitted a letter for the neighbor in support of the project.
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, 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?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the side yard setback variance.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Existing & Proposed Survey/Site Plan
Exhibit D. Proposed Plans and Elevations
Exhibit E. Submitted Hardcover Calculations
Exhibit F. Neighbor Support Letter
Exhibit G. Property Owners List and Map