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FILE # 17-3992 January 16, 2018 Page 2 of 4 Tier 1 30,622 s.f. 7,463.5 s.f. 6,635s.f. 6,198s.f. (25 %) (21.67%) (21.91%) Applicable Regulations: Average Lakeshore Setback (Section 78-1279): Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Though the new deck is smaller than the existing deck, it is not being built in the same location (higher) so non -conforming protections do not apply. 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. 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 will be slightly taller than the previous deck but is proposed to have a smaller encroachment of 11'6" into the average lakeshore setback. The applicant has worked to mitigate the encroachment by proposing a deck that does not encroach as much compared to the previous deck. The deck will not 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. 2. The variance is consistent with the comprehensive plan. The variances 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.