Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator

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Christine Lambert
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Agenda Item 3 Date Application Received: 10/21/15 Date Application Considered as Complete: 10/30/15 120-Day Review Period Expires: 02/27/16 To: From: Chair Leskinen and Planning Commission Members

1 Agenda Item 3 Date Application Received: 10/21/15 Date Application Considered as Complete: 10/30/ Day Review Period Expires: 02/27/16 To: From: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planner mcc Date: 12 January 2016 Subject: # , Southview Design o/b/o Robert & Beth Schnell, 1130 Old Crystal Bay Rd S Variances Public Hearing List of Exhibits Exhibit A. Revised Plans Exhibit B. Revised Hardcover Summary Exhibit C. Planning Commission Staff Memo & Exhibits 11/10/15 Exhibit D. Draft PC Minutes 11/16/15 Background At the November Planning Commission meeting the applicant requested four variances in order to allow construction of decks, a pergola; and an in-ground pool on the lake side of the home requiring the following variances: an average lakeshore setback variance; a wetland setback variance; a lake setback variance from the OHWL of French Lake; and a hardcover variance for hardcover within 75-feet of the OHWL. In response, the applicant has altered their proposal, requiring average lakeshore setback, lake setback and structure to structure setback variances. The Planning Commission discussed the lack of practical difficulty supporting the proposed hardcover resulting from the pool, pool patio and walls within the 75-foot setback. At that time, the applicant requested the application be tabled to allow time for a potential redesign to remove the hardcover from the 75-foot setback area. For the Planning Commission s consideration, the applicant has submitted a revised plan which results in a pool patio design which follows the contour of the 75-foot setback area; a portion of the proposed stair and wall to access grade on the lake side as well as a stepper walkway are still proposed within the 75-foot area. A corner of the pool encroaches as close as 4 feet from the bottom stair and pergola overhang of the adjacent dining deck; a variance would be needed to allow this configuration.

2 FILE # Jan 16 Page 2 of 5 LOT ANALYSIS WORKSHEET (Revised) Sections , & Setbacks: RR-1B Required Existing Proposed Rear/Street No Change North Side 30 ±300 No Change South Side Street No Change Wetland 35 Lakeshore 150 Average Lakeshore 37 existing retaining wall 60 existing deck ±40 house (at closest point) ±80 existing deck 54 proposed deck & pergola 46 pool & pool deck 75 proposed deck & pergola 75 pool and pool deck 71.5 stair and retaining wall Pool & Patios = encroach between 77 and 90 lakeward of the average setback line* *Note: the average lakeshore encroachment measurements in the 11/10/15 memo were incorrectly reported. Section and Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 174,051 s.f. 26,581 s.f. 2,384 s.f Tier 1 696,204 s.f. (25 %) (3.82%) (4.08%) 323 s.f. *Note: The hardcover calculations were updated by the applicant. Prior to the Council s review, the applicant should provide revised calculations from the surveyor as to the amount of hardcover existing and proposed within the 75-foot setback. Applicable Regulations: Average Lakeshore Setback Variance (Code Section ) The existing home and all the proposed improvements are shown to be lakeward of the average lakeshore setback line therefore requiring an average lakeshore setback variance. The proposed improvement encroach as much as ±80 feet lakeward of the average lakeshore setback line. The one neighboring lakeshore home is over 700 feet away and is separated visually by vegetation and/or topographic differences. The proposed improvements are designed to have minimal visual impact from the lake. 150-Foot NE Lake Setback Variance (Code Section ) French Lake is classified by the DNR as a Natural environment (NE) lake. According to the DNR s Shoreland definitions, natural environment lakes are generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils. These lakes, particularly in rural areas, usually do not have much existing development or recreational use. The existing home encroaches entirely within the required 150-foot lake setback. The applicant s proposal includes modifying and expanding an existing deck on the lake side of the home to create a more functional transition from the driveway area to the eastern lake side of the home; the deck and pergola addition will be lakeward of the average lakeshore setback. A pool is proposed to be constructed lakeward of the home, 4

3 FILE # Jan 16 Page 3 of 5 feet from the upper deck stair and pergola (10 feet from the deck itself), 75 feet from the OHWL, and lakeward of the average lakeshore setback line. Crowding Principal Building (Code Section ) A corner of the proposed pool encroaches within the required 10-foot separation between structures. The pool will be 10-feet from the deck itself, however is situated as close as 4-feet from the deck stairs and the pergola over the deck Foot Hardcover Variance (Code Sections & ) With the exception of a lake access stair, the applicant has revised the plan to meet the 75-foot setback for hardcover. The stairs are a permitted encroachment in this area, the wall is integral to the stair and may be permitted. The applicant is also proposing to add a paver walkway between the portions of the proposed stair to the lake, this hardcover is not permitted within the 75-foot setback. Governing Regulation: Variance (Section ) 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 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Granting the lake setback and average lake setback variances to allow an in-ground pool and patio to be constructed within 150-feet of the OHWL and within the average lakeshore setback would be consistent with the majority of the large lot properties in Orono and will likely not alter the essential character of the locality. 2. The variance is consistent with the comprehensive plan. Based on the size and orientation of the property as well as the location of the existing home, granting of the proposed setback variances would not be contrary to the intent of the Comprehensive Plan and Zoning Code. 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 property owner proposes to install a pool and pool deck which are residential in nature and reasonable from a residential scope.

4 FILE # Jan 16 Page 4 of 5 b. There are circumstances unique to the property not created by the landowner; the nonconforming location of the existing home which was not created by the owner; and c. The variance will not alter the essential character of the locality. Granting the requested setback variances to allow a pool, decks with pergola and pool patio to encroach as close as 75 feet to the OHWL, lakeward of the average lakeshore setback and lake setback, should not alter the essential character of the locality due to the size of the property and orientation of the neighboring homes. Additionally City Code provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home was constructed prior to the adoption of the Shoreland Overlay District Regulations which established the Natural Environment structural setback of 150-feet for French Lake. At the time of the home s construction, a structure was permitted to be constructed up to 26 feet from the wetland edge. This is similar for all pre-existing homes on the properties abutting the south basin of French Lake. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject home and other properties abutting the south basin of French Lake predate the City s adoption of the Shoreland Regulations which established the 150-feet lake setback and 75-foot hardcover prohibition. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting average lakeshore setback and lake setback variances to allow deck additions and pool construction within the 150-foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the nonconforming location of the home on the property. However, there are sufficient alternate locations on the property to construct a conforming inground pool. 7. 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. It is staff s opinion that this criteria is met. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has demonstrated practical difficulties which support granting setback variances to permit the construction of the pool and lake side decks lakeward of the 150-foot lake setback and average lakeshore setback line. 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 that the location of the home on the property (which currently encroaches entirely lakeward the 150-foot setback and average lakeshore setback) results in the inability of the owners to make structural or hardcover changes on the lake side creating a practical difficulty. The 150 lake setback requirement applied to French Lake in 1992 with the adoption of the DNR

5 FILE # Jan 16 Page 5 of 5 Shoreland regulations. Many of the homes surrounding French Lake were constructed prior to the existence of the 150-foot setback. The home was constructed ±70 feet from the OHWL and ±40 feet from the wetland at a time when a 26-foot wetland setback was required. The location of the home and the application of the 26-foot setback would have permitted construction of a pool or other improvements at that time. The property is large although awkwardly shaped, the home is approximately 18 feet higher than the lake/wetland level, and the home, existing trees, and other vegetation offer separation and potentially screening from any visual impacts resulting from the location of the home. The open water area of French Lake is situated more to the north and east of the subject project area, approximately 420 feet away. The proposed deck additions provide access from the driveway to the lake side. Staff finds that there are special conditions relating to the existing home and property which support granting the requested lake setback and average lakeshore setback variances for the some or all of the deck improvements. Further, the variance to permit an encroachment into the 10-foot structure to structure separation between the pool and deck stair is reasonable due to the nature of the deck and the need to reduce the hardcover near the lake; the pool will be 10 feet from the deck surface. The proposed pool will be located 4 feet from the pergola and stairs off of the dining deck (10 feet from the walking surface of the deck); approximately 80 feet lakeward of the average lakeshore setback line; and entirely within the 150-foot structure setback. 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 The Planning Commission should evaluate the practical difficulty criteria against the requested revised variances and make a recommendation to the City Council. Planning Staff recommends approval of the variances to allow modifications to/construction of the decks and pergola lakeward of the average lakeshore and 150-foot lake setback, as well as the variance to allow less than a 10-foot separation between the deck stairs and the pool. Staff recommends approval of the portions of the stairs and walls for the lake access, however recommends denial of the additional hardcover resulting from the paver walkway within the 75-foot setback.

37 Item #03 - PC Agenda - 01/19/2016

Request Alternative Compliance to the prescribed criteria of the Oceanfront Resort District Form-Based Code. Staff Recommendation Approval

Applicant & Property Owner Public Hearing February 8, 2017 City Council Election District Beach Agenda Item D1 Request Alternative Compliance to the prescribed criteria of the Oceanfront Resort District