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#17-3904 21 Feb 2017 Page 3 of 7 approximately 170 feet from the OHWL; according to the City Code the guest cabin must be located equal to or further back from the lake than the 2165 North Shore Drive home. The proposed cabin is situated as close as 75 feet to the OHWL (or 67 feet for the stoop). Lake Setback Variance & Hardcover Variance (Sections 78-1279 & 78-1680) The proposed cabin meets the 75 -foot setback from the lake, however the northern stoop access to the cabin is within the setback at 67 feet. Currently 10, 944 square feet or 6.6% of the site's 13% hardcover is within the 75 -foot setback. An additional 61 square feet of hardcover is proposed within the 75 -foot setback, an increase of 0.03%. The applicant is attempting to avoid impacting the existing garden features on the property with the new cabin. The Code prohibits hardcover improvements within 75 feet of the OHWL other than the listed improvements. The stoop is not an approved hardcover allowance. 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 offire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approvalfor 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 location of the guest cabin does not block lake views of the adjacent property owners, and therefore is harmonious with the intent of the Ordinance. However, the requested lake setback and hardcover variance for the stoop are not consistent with the goals to prohibit structu ra 1/ha rd cover improvements near the lake. 2. The variance is consistent with the comprehensive plan. The average lakeshore setback variance is consistent with the goals in the comprehensive plan to protect lake views. The additional hardcover resulting from the stoop encroachment is relatively minimal. The overall hardcover level of the property is over 10% less than is permitted resulting in sufficient surface water filtration. 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 variance requests are residential in nature and are reasonable considering the unique nature of the property as a large peninsula on the lake. The relatively large flood hazard area and existing improvements on the property creates difficulties in locating a conforming structure.