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LA18-000053 June 18", 2018 Page 2 of 4 Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 14,211 s.f. 3,552 s.f. 3,838 s.f. 3,893.5 s.f. Tier 1 (0.32 acre) (25%) (27%) (27.4%) Applicable Regulations: Average Lake Shore Setback (78-1279) The Average Lakeshore Setback is set at 83.7 feet from the OHWL. The applicant has an existing patio in the footprint of the proposed deck. They are requesting to build a deck over the patio and stairs that extend around the proposed deck. They are requesting to be 78.5 feet from the lake. Hardcover Tier 1 (78-1700) This property is located in the Tier 1 Storm water Quality District with a 25% maximum hardcover. The property received a variance in 2012 when they built the home to allow 27% hardcover on the site. They are requesting a 27.4% hardcover to account for the 55.5 sq. ft. needed to build the stairs off of the deck. The deck hardcover is already accounted for with the patio underneath and does not add the total existing hardcover. There do not appear to be obvious opportunities to remove hardcover. 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 applicant has worked to mitigate the encroachment by proposing the deck be placed over an existing patio. The stairs will add 55.5 sq.ft of new hardcover to the property. The new deck will not change or alter the sightlines for the neighboring property owner.