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FILE # 17-3981 11/20/2017 Page 3 of 6 The applicant is also proposing a new front porch forward of the existing home footprint (54 feet the lake) but it will be set back behind the deck which is 50.9 feet from the lake and it does not encroach in the average lakeshore setback. They are proposing to widen an existing deck on the home which increases the massing in the lakeyard. Hardcover to Exceed 25% in Tier 1 (78-1700) The applicant currently has 48.4% (1802 s.f.) hardcover existing on the parcel. They are changing the structure coverage with the addition of the covered porch but they propose to decrease hardcover overall. They are proposing to eliminate the existing driveway and parking pad and are proposing to install a new 2 stall driveway for access to the garage which is less hardcover overall on the site. The new proposed hardcover is 47.3% (1760s.f.) overall. DrivewaV to exceed 8' wide in Shoreland OverlaV District (78-1282) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property has no other frontage on or access to a public or private road. The project is proposing to remove the existing 8' wide driveway and parking pad and replace it with a 16' wide driveway to serve the new 2 stall garage within the 75 foot shoreland setback zone. Average Lakeshore Setback There is an existing deck that encroaches into the average lakeshore setback by 6 feet. They are proposing to maintain that encroachment of 6 feet but will be widening the deck so there will be more square footage of the deck located in the average lakeshore setback. 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 rear, side, and lake yard setback and the wider driveway variance are in harmony with the purpose of the ordinances. The hardcover is proposed to decrease being the site closer to conformance with the ordinances. The lot includes challenges with the small size in the LR -1C zoning district and the orientation towards the lake. The lot is also challenged with the existing Crystal Bay Road that runs through the lake yard of