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FILE #LA19-000013 <br />15 April 2019 <br />Page 2 of 4 <br /> <br />Section 78- 330 - Lot Area/Width: <br />LR-1B Lot Area Lot Width <br />Required 43,560 s.f. (1.0 acres) 140’ <br />Actual 18,950 s.f. (0.43 acre) ±67’ @ 75’ / ±51’ @ OHWL <br /> <br />Section 78-1403- Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />18,950 s.f. (0.43 acre) Allowed: 3,790 s.f. (20%) <br />Proposed: 1,604 s.f. (8%) <br /> <br />Section 78-1680 and 78-1700 - Hardcover Calculations: <br />Stormwater <br />Overlay District <br />Tier <br />Total Area in <br />Zone <br />Allowed <br />Hardcover <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 1 18,950 s.f. 4,737 s.f. <br />(25 %) <br />3,100 s.f. <br />(16.3%) <br />3,112 s.f. <br />(16.4%) <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (Section 78-1279) <br />Due to the property’s orientation and the extreme setback from the lake of the home to the <br />north, a large portion of the subject property and nearly the entire home is lakeward of the <br />average lakeshore setback line with a very limited buildable area. The applicant’s proposal <br />includes in-kind re-construction of two existing decks. The lakeside deck is proposed to be <br />elevated 22 inches to the patio door level to eliminate the immediate stair out the door and the <br />stairs leading off the deck are being turned to the south lakeward of the average lakeshore <br />setback line. <br /> <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 /> <br />According to MN §462.537 Subd. 6(2) variances shall only be permitted when: