04-15-2019 Planning Commission Packet

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FILE#LA19-000013 15 April 2019 Page 2 of 4 Section 78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 18,950 s.f. (0.43 acre) ±67' @ 75'/±51' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 18,950 s.f. (0.43 acre) Allowed: 3,790 s.f. (20%) Proposed: 1,604 s.f. (8%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 18,950 s.f. 4,737 s.f. 3,100 s.f. 3,112 s.f. (25%) (16.3%) (16.4%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) Due to the property's orientation and the extreme setback from the lake of the home to the north, a large portion of the subject property and nearly the entire home is lakeward of the average lakeshore setback line with a very limited buildable area.The applicant's proposal includes in-kind re-construction of two existing decks.The lakeside deck is proposed to be elevated 22 inches to the patio door level to eliminate the immediate stair out the door and the stairs leading off the deck are being turned to the south lakeward of the average lakeshore setback line. 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: