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FILE#LA20-000074 <br /> 16 Feb 2021 <br /> Page 3 of 5 <br /> the project,the applicant is proposing to offset the new deck hardcover with reductions <br /> resulting in a net decrease of 47 square feet. Included in the removals are a 77 square foot <br /> lakeside concrete patio, parking area, and paver steps. <br /> As noted above,the new deck configuration results in new hardcover in the 75-foot setback. <br /> The deck plan should be modified so that it does not encroach into the 75-foot setback. <br /> Proposed Hardcover Removals: <br /> \ v C <br /> r / 4 S � vo1-1°° ssus< f; ' T q <br /> FS ''.•.e �‘ - x95sc py^\ "ark yct <br /> o �s ✓ eN 955.ac c./i Co\ ! S 9}2Sx S!S\�✓ a9� <br /> ''',/.: 5569 x9580 v %' .D 45 ♦ ..,,,,,•` � <br /> '‘,.-----e <br /> __ .a _ _ p'83+ .47 ' ,4o.i �qy\.551 h �i+•r• <br /> -- <br /> y 96�— 959.1x 0 oj� } \ c� ..„,1..,,,a, a �V <br /> a <br /> O d' .-,-i7- :t./.°11,.\ d� e� IV',';'..1 \ To x 93}} ter. <br /> \ aba',i:'� o o_ '' t 9y- ��f, ter''• y <br /> may, �V/ ,4-5,(4,c7,7-) <br /> -,ki 440.3 � <br /> 9 �'` ' oF` r \ e - <br /> 3 1- <br /> 16 'S> <br /> TE 6 ._ ..,E-1EK <br /> \.9.. r` �O <br /> S `,x 339.."v \ <br /> J <br /> C, <br /> Removal of portion of driveway and paver steps Removal of 77 sf concrete pad <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 /> requested hardcover level (with reductions) and average lakeshore setback variances <br /> are in harmony with the Ordinance as the adjacent neighbors have indicated their <br /> views of the lake will not be impacted by the improvements,and new hardcover will <br /> be offset by removals. <br /> 2. The variance is consistent with the comprehensive plan. Regarding the average <br /> lakeshore setback and hardcover level variances,the deck project in the residential <br />