HomeMy WebLinkAboutLA19-000048 (2967 Casco Pt Rd) VAR PCSRDate Application Received: June 19, 2019
Date Application Considered as Complete: July 1, 2019
60-Day Review Period Expires: August 30, 2019
To: Jon Ressler and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden, Planner
Date: July 15, 2019
Subject: LA19-000048, Premium Construction LLC, 2967 Casco Point Road, Variance,
Public Hearing
Background
The applicant is proposing to remove the existing home and detached garage and build a new
home with an attached garage. The average lakeshore setback is unique for this property due to
the neighboring lot to the north. This lot is flag shaped, with a long naoorwe finger providing
the lake frontage, and the buildable portion set much further back. Due to this configuration,
the subject lot is not buildable without an ALS variance. The current home is nonconforming
due to this extreme setback and hardcover. The new home will be located closer to the lake
that the existing home and within the average lakeshore setback. The applicant are proposing
to build the new home with more massing forward of the average lakeshore setback compared
to what is there today. The proposal also requires lot area, lot width and hardcover variances.
The hardcover will decrease from the current level with the proposed plan but still over the 25%
maximum.
LOT ANALYSIS WORKSHEET
Section 78-350- Setbacks:
Street 30’ Roughly 70’ Roughly 45’
Side (north) 7.8’ 30’ 12.5’
Side (south) 7.8’ 10’ 8’
Lakeshore 75’ Roughly 170’ 141
Average Lakeshore
Section 78- 350 - Lot Area/Width:
Required 21,780 s.f. (0.5 acres) 100’
Application Summary: The applicant is requesting an average lakeshore setback, hardcover,
lot area and lot width variances to construct a new home
Staff Recommendation: Planning Department Staff recommends approval of the requested
variances.
LA19-000048
July 15, 2018
Page 2 of 5
Actual 20,943 s.f. (0.48 acre) 78’ @ 75’ / 80’@ OHWL
Section 78-1403- Structural Building Coverage:
20,943 s.f. (0.48 acre) Allowed: 4,188.6 s.f. (20%)
Proposed: 3,926 s.f. (18.7%)
Section 78-1700 - Hardcover Calculations:
Overlay District Total Area
in Zone
Allowed
Hardcover
Existing
Hardcover Proposed Hardcover
Tier 1 20,943 s.f.
Applicable Regulations:
Variance (78-350)
Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet
the minimum area or width requirements for the respective zoning district. Substandard
properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped
without variances if specific standards are met; such as:
1. All setback requirements can be met;
2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can
be installed or the lot is connected to a public sewer; and
3. The impervious surface coverage meets all hardcover location and square footage
restrictions of this chapter and the total square footage of hardcover does not exceed
25 percent of the entire lot area.
4. All other zoning district standards can be met.
The applicant’s request for average lakeshore setback and hardcover variances results in the
property’s inability to conform to all of the standards above. Therefore, lot area and width
variances are required in order to redevelop the property. The ability to develop the property
consistent with other existing developed properties in the neighborhood would be limited if
the area and width variances are not granted.
Variance (78-1279)
Average lakeshore setback. No principal or accessory building shall be located closer to the
lakeshore than the average distance from the shoreline of existing residence buildings on
adjacent lots. 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.
The applicant is proposing a new home forward of this setback line. The current home
encroaches into this setback due to the significant setback established by the neighbor to
the north, that home is 258 feet from the lakeshore. The new proposed home on the
property is set at 141 feet from the lakeshore. The home to the north is set so far behind the
property, the ALS greatly limits a reasonable building envelope. The applicant is proposing
the new home will be closer to the northern neighbor and closer to the lake that the current
home. The neighbor to the north has submitted a signed acknowledgement form and had
multiple discussions with staff regarding the project.
LA19-000048
July 15, 2018
Page 3 of 5
Variance (78-1700)
Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. The applicant is
still proposing the hardcover to exceed the allowed 25%, though hardcover is proposed to
decrease from 30.5% to 29.1% (roughly 300 sq.ft. less).
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 §462.537 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 variances are in harmony with the purpose of the Ordinance. The lot
includes difficulties in its substandard size and width, and location of adjacent homes.
2. The variance is consistent with the comprehensive plan. The proposed variances to
develop a nonconforming lot of record are consistent with 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 request to permit construction of the
home on the substandard lot, exceeding 25% and average lakeshore setbacks,
appears to be somewhat reasonable as the property’s nonconforming size, the
neighboring homes’ orientation with respect to the lakeshore, and adjacent
properties creates difficulties. The hardcover level decreases overall from
existing levels and the home is set to meet all other setbacks.
b. There are circumstances unique to the property not created by the landowner;
The nonconforming lot size and the neighboring home locations prevent a
residential footprint consistent with the neighborhood. The proposed overall
hardcover level will decrease with the new proposed plan. The circumstances
are unique to the property; and
c. The variance will not alter the essential character of the locality. The variances
are requested in order to permit construction of a 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:
LA19-000048
July 15, 2018
Page 4 of 5
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 residential 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 size and
orientation and the setback from the lake of the adjacent homes creates difficulties for
the Owners in redeveloping the property consistent with the homes in their
neighborhood.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The property’s nonconforming size and the relationship between the
existing home and the setback of the adjacent properties create difficulties for the
owners.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting lot area, lot width, and average
lakeshore variances are necessary for the preservation of the property right of the
applicant.
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 hardcover, lot area, lot width and average lakeshore setback 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 requested variances for lot width,
lot area, and average lakeshore set setback are necessary, and do not merely serve as a
convenience to the applicant.
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 Analysis
Staff finds due to the nature of the lot and the applied setbacks there are practical difficulties
supporting granting the lot area, lot width, hardcover and average lakeshore setback variances
for construction of a new home.
Engineer Comments
The Engineer has reviewed the proposal and recommends the home have gutters and to develop
a drainage plan to ensure no runoff is directed to the neighboring properties or roadway.
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July 15, 2018
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Public Comments
Neighbors has submitted signatures of support.
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?
Specifically pertaining to the average lakeshore setback.
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
3. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval with engineer’s comments for the lot area, lot width and
hardcover variances.
The Planning Commission should discuss the applicants desire to utilize the property for a larger
home footprint. If the commission finds the proposed home meets the practical difficulties, staff
recommends a motion to approve the average lakeshore 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. Staff Annotated Survey
Exhibit G. Neighbor Property Signatures
Exhibit H. Plat Map and Addresses