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FILE # LA19-000005 19 Feb 2019 Page 2 of 5 Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 46,050 s.f. (1.0 acre) Allowed: 9,210 s.f. (20%) Proposed: 3,297 s.f. (7.1%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover (2016) Existing Hardcover Proposed Hardcover Tier 1 46,050 s.f. 11,512 s.f. (25 %) 5,726 s.f. (12.4%) 6,253 s.f. (13.6%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The existing illegal screen porch was constructed encroaching up to 20 feet lakeward into the average lakeshore setback. The applicants’ revised request results in a 14 foot encroachment. 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. Construction of a screen porch addition on the residential property is consistent with the intent of the ordinance. Neighbors have indicated that the screen porch encroachment into the average lakeshore setback does not block their views of the lake; therefore this criterion is met. 2. The variance is consistent with the comprehensive plan. The variances permitting the construction of the screen porch within the average lakeshore setback in a residential zone, all while not blocking views 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