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HomeMy WebLinkAboutPractical Difficulties - 2815 Casco Variance - Updated 8-16-2022Practical Difficulties ANALYSIS: UPDATED – August 16, 2022 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance …” The proposed project is the remodeling of an existing home. An existing detached garage will be demolished and rebuilt as an attached garage. The property is residential in nature. The existing principal residence structure is updated but the existing footprint, roofs etc. are unchanged. The new addition is conforming – the setback is over 8’ roof heights are conforming etc. Existing hardcover is appreciably reduced. The approx. lakeshore setback of the subject property and the adjacent 7 additional homes on either side ranges from ~78’ to ~124’. The subject property lakeshore setback is approx. 121’. Being setback further than subject property, the neighbor to East will see no appreciable impact in view. Neighbor to West will see at worst transparent glass deck railings largely at same grade as their property. The variances are in harmony with the Ordinance. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The new garage addition appurtenant to the existing single-family residence in a residential zone is consistent with the Comprehensive Plan as well as the character of the neighborhood. The variance to permit approx. 27% hardcover which is a reduction from the existing approx. 32% hardcover is consistent with the comprehensive plan’s lake protection philosophy. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a.” The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls.” The request to permit construction of a new attached garage addition and remodeling of an existing home with a lake side deck is reasonable, as the adjacent properties are not adversely impacted. The new addition exceeds required side yard setback. Mature vegetation and topography provide separation of the Property from adjacent neighbors. The height of the new garage addition to the existing home conforms with building height requirements. The new gable roof on the existing portion of the home matches the roof design and conforming height of the new garage addition and replaces old hip roof with new energy efficient roofing. The building height of the new gable roofs over the existing home will be well below normal conforming standards, will be similar in height to existing hip roofs and will run in same orientation as existing hip roofs. The fascia and soffits will be at same height as existing hip roofs. b. “The plight of the landowner is due to circumstances unique to his property not created by the landowner. “ The height of the existing home, location, and the slope, the shape and size of the Property were not the result of actions by the Applicants. The nearest structures on the neighboring properties are offset and set back sufficiently to allow for light, air, and open space between each of the homes. c. “The variance, if granted, will not alter the essential character of the locality.” The variance requested will not alter the character of the neighborhood. The new garage addition is conforming, in setback, height etc.. The deck location within the average lakeshore setback is consistent with the small setback nature of the neighborhood. A significant portion of the deck (primarily on the West side) is at or near grade, and lakeshore setback of the deck when built will be well outside of the minimum lakeshore setback significantly larger than several nearby properties. The deck will have no appreciable impact on neighboring property views. 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 residence is an allowed use in the LR-1B 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 topography, lot area, lot width, irregular average lakeshore setbacks, and the garage’s current detached location are special conditions unique to the Property. Removing the garage abutting the street will relieve congestion and parking pressure, and improve viewscapes, along the street 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The topography, which drops off as you move toward the lake, the detached garage and congestion along the Right of Way, the ‘walk up’ basement and related topography, the narrow lot width and location of existing home being remodeled, the widely varying lakeshore setbacks of the homes nearby, as well as the location of the garage on the lot make the Property unique. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Hardcover and other considerations prevent creating a conforming connection to the existing garage on the Property. The defined hardcover, deck and setback variances for the garage demolition and rebuilding attached to remodeled house are necessary to preserve the rights of the applicants. 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 for the home will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. “The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty.” The lot width, location of the existing garage, varied lakeshore setbacks of homes nearby, as well as site topography, and congestion along the narrow right of way, create practical difficulties affecting the Property. The setback and other variances for the home are necessary and will not merely serve as a convenience to the Applicants.