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LA19-000106 <br /> January 21,2020 <br /> Page 2 of 4 <br /> Average Lakeshore Not Met <br /> Section 78-1700-Hardcover Calculations: <br /> Stormwater Total Area in Allowed Existing Proposed <br /> Overlay District Zone Hardcover Hardcover Hardcover <br /> Tier <br /> Tier 1 <br /> 43,363 s.f. 10,840.75 s.f. 9,097.8 s.f. 8,964 s.f. <br /> (0.99 acre) (25%) (21%) (20.7%) <br /> Applicable Regulations: <br /> Average Lakeshore Setback Variance (Section 78-1279) <br /> The existing home is currently places forward of the ALS. The proposed covered porch wraps <br /> around the north and west side the property. Due to the location of the existing home, a <br /> portion of the proposed covered porch along the west side of the property,which services a side <br /> door, is forward of the ALS. The remodel of the home will change a part of the roof line as well <br /> over the master bedroom on the west side of the home. Currently there is a flat roof in this <br /> portion of the home and will be replaced with a pitched roof to match the existing roof line.The <br /> proposed new peak will be lower than the peak of the existing roof. <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br /> subd. 2,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br /> proposed location of the home additions do not block lake views of the adjacent <br /> property owners,and therefore is harmonious with the intent of the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan.The average lakeshore setback <br /> variance is consistent with the goals in the comprehensive plan to protect lake views. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The variance requests are residential in nature <br /> and are reasonable considering the current location of the home. <br />