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FILE #17-3940 15 May 2017 Page 3 of 6 the home is 5 feet. Additionally the three tiered lakeside deck proposed is set back 2 feet from the side lot line where a 10 foot setback is required. Defined Height Variance (Sections 78-1 & 78-330) The lot slopes from the road to the lake significantly. In the location of the proposed building pad (garage + house) the slope is 20%. The existing garage measured alone has a defined height of 22 feet; the new home measured alone has a defined height of 30 feet. Because the applicants are proposing to connect the new home to the existing detached garage they must be measured together; the new building height is now defined as 32 feet. The garage height is not proposed to be increased. City Code Section 78-1366 allows for the height of structures on lots with a 25% or greater slope in the location of the building pad to increase by 12 feet in height over the 30 foot limitation. This lot has a 20% slope in the building pad location. Average Lakeshore Setback Variance (Section 78-1279) The existing home to be removed is detached from the garage and is situated entirely within the 75 -foot lake setback. The new home will comply with the lake setback requirement but will be slightly lakeward of the average lakeshore setback. The home will encroach 5.3 feet lakeward of the average lakeshore setback line; the attached multitier decks will encroach as much as 12 feet lakeward of the average lakeshore setback. Hardcover Variance (Section 78-1700) The applicants' proposal results in a reduction from existing hardcover — both in the 0 -75 -foot zone and for the property overall. However, they are requesting a variance to permit approximately 28% hardcover. They have provided some solutions for stormwater mitigation to offset the requested variance (see Exhibit G). 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 IVIN §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 new home is residential in nature. Due to the separation distance between the adjacent homes, there is adequate space for light, air and open space between the