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18-3993 January 16, 2018 Page 2 of 4 Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 7,452 s.f. 7,258 s.f. 7.428 s.f. Tier 1 29,808s.f. (25 %) (24.35%) (24.91%) Applicable Regulations: Average Lakeshore Setback (Section 78-1279): The average lakeshore setback is proposed to increase from the existing 26 foot encroachment to 35 foot encroachment. The master bedroom deck is proposed to increase the encroachment from 2 feet to 6 feet into the average lakeshore setback. The closest point to the lake will set 96.9 feet from the OHWL of the lake. 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. The proposed deck addition will add 7 feet on the living room deck creating a 96.9 foot setback from the lake and the master bedroom deck will add 3.75 feet to the existing deck creating roughly 105 feet setback from the lake. The deck will marginally interfere with the sightlines of the neighbors meeting the intent and purpose for the average lakeshore setback with is a sightline setback for the lake as the most impacted neighbor, to the north is blocked by the corner of the house, this neighbor would see only the new deck. 2. The variance is consistent with the comprehensive plan. The variance resulting in a permit for construction of a deck in a residential zone 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 owner proposes to install Improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The neighboring home to the north is set back further from the lake than most