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07-19-2021 Planning Commission Packet
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07-19-2021 Planning Commission Packet
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FILE#LA21-000045 <br /> 19 July 2021 <br /> Page2of4 • <br /> LOT ANALYSIS WORKSHEET <br /> Section 78-330+78-1379—Setbacks: <br /> LR-1B Required Existing Proposed <br /> Rear/Street 30' +100' No Change <br /> West Side 7.5' +20' No Change <br /> East Side 7.5' +40' No Change <br /> Lakeshore 75' ±182' existing deck 174' new deck area <br /> Average Lakeshore The new deck portion will extend approximately 3 feet <br /> lakeward of the average lakeshore setback line. <br /> Section 78-1700—Hardcover Calculations: <br /> Stormwater <br /> Overlay District Total Area in Allowed Existing Proposed <br /> Zone Hardcover Hardcover Hardcover <br /> Tier <br /> Tier 1 23,560 s.f. 5,890 s.f. 5,805 s.f. 5,852 s.f. <br /> (25%) (24.6%) (24.85%) <br /> Applicable Regulations: <br /> Average Lakeshore Setback Variance (Code Section 78-1279) <br /> The proposed deck extension is shown encroaching approximately 3 feet lakeward of the <br /> average lakeshore setback line based on the location of the deck improvements on the two <br /> neighboring lakeshore lots.The shoreline curves inward slightly, and the home to the west is <br /> situated farther from the lake than the subject property. <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. 14,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 /> • <br /> requested average lakeshore setback variance is in harmony with the Ordinance as the <br />
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