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FILE#LA19-000005 <br /> 19 Feb 2019 <br /> Page 2 of 5 <br /> Section 78-1403-Structural Coverage: <br /> Total Lot Area Total Structural Coverage <br /> 46,050 s.f. (1.0 acre) Allowed: 9,210 s.f. (20%) <br /> Proposed: 3,297 s.f. (7.1%) <br /> Section 78-1680 and 78-1700-Hardcover Calculations: <br /> Stormwater <br /> Overlay Total Area in Zone Allowed (2016) Existing Proposed <br /> District Tier Hardcover Hardcover Hardcover <br /> Tier 1 46,050 s.f. 11,512 s.f. 5,726 s.f. 6,253 s.f. <br /> (25%) (12.4%) (13.6%) <br /> Applicable Regulations: <br /> Average Lakeshore Setback Variance (Section 78-1279) <br /> The existing illegal screen porch was constructed encroaching up to 20 feet lakeward into the <br /> average lakeshore setback.The applicants' revised request results in a 14 foot encroachment. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, <br /> subd. 2, when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Construction of a screen porch addition on the residential property is consistent with <br /> the intent of the ordinance. Neighbors have indicated that the screen porch <br /> encroachment into the average lakeshore setback does not block their views of the lake; <br /> therefore this criterion is met. <br /> 2. The variance is consistent with the comprehensive plan. The variances permitting the <br /> construction of the screen porch within the average lakeshore setback in a residential <br /> zone, all while not blocking views are consistent with the Comprehensive Plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls;The request to permit construction of the <br />