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FILE # 17-3979 <br />20 Nov 2017 <br />Page 2 of 5 <br />Section 78-1403- Structural Cover <br />Total Lot Area <br />Total Structural Coverage <br />46,050 s.f. (1.0 acre) <br />Allowed: 9,210 s.f. (20%) <br />Existing: 2,621 s.f. (5.7%) <br />in Zone <br />Proposed: 3,427 s.f. (7.4%) <br />Section 78-1680 and 78-1700 -Hardcover Calculations: <br />Stormwater <br />Total Area <br />Allowed <br />Overlay <br />in Zone <br />Hardcover <br />Existing Hardcover <br />Proposed Hardcover <br />District Tier <br />±50 w/in <br />54.5 s.f. <br />11,512 s.f. <br />5,726 s.f. <br />6,383 s.f. <br />w/in 75' <br />Tier 1 <br />46,050 s.f. <br />(25 %) <br />(12.4%) <br />75, <br />(13.8%) <br />(deck+ <br />(driveway) <br />driveway) <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (Section 78-1279) <br />The screen porch was constructed encroaching up to 20 feet lakeward into the average <br />lakeshore setback. <br />75 -foot Lake Setback and Hardcover within 75 -foot Setback Variances (Sections 78-1279 & 78- <br />1680 <br />Currently there are no structures within the 75 -foot setback area; an approximate 50 square <br />foot portion of the existing driveway is located within the 75 -foot setback as a result of the cove. <br />As constructed, the new screen porch encroaches up to 3 feet into the 75 -foot lake setback also <br />resulting in 4.5 square feet of new hardcover within the 75 -setback. <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 />