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LA19-000106 January 21, 2020 Page 2 of 4 Average Lakeshore Not Met Section 78-1700 - Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 43,363 s.f. 10,840.75 s.f. 9, 097.8 s.f. 8,964 s.f. Tier 1 (0.99 acre) (25 %) (21 %) (20.7%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The existing home is currently places forward of the ALS. The proposed covered porch wraps around the north and west side the property. Due to the location of the existing home, a portion of the proposed covered porch along the west side of the property, which services a side door, is forward of the ALS. The remodel of the home will change a part of the roof line as well over the master bedroom on the west side of the home. Currently there is a flat roof in this portion of the home and will be replaced with a pitched roof to match the existing roof line. The proposed new peak will be lower than the peak of the existing roof. 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 §462.357 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 home additions do not block lake views of the adjacent property owners, and therefore is harmonious with the intent of the Ordinance. 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. 3. The applicant establishes that there are practical difficulties. 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 current location of the home.