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LA21-000052 <br /> August 16,2021 <br /> Page 3 of 6 <br /> • <br /> Applicable Regulations: <br /> Side Yard Setback Variance (Section 78-350) <br /> The property is roughly 42 feet wide at the average lakeshore setback which presents challenges <br /> to allow for 7.5' side yard setbacks and a 2 car garage.The existing home is 3'from the western <br /> property line and 7.4'from the eastern property line. The applicant is proposing the remove the <br /> encroachments along the western property line and build the addition to meet the 7.5' setback. <br /> The applicant is request to maintain the 7.4'setback along the eastern property line and allow <br /> for a 2nd story to the home in this space. <br /> Hardcover; 75-Foot Setback Variances (Sections 78-1680&78-1700) <br /> The property's±120 feet of depth is challenging, particularly due to the applied average <br /> lakeshore setback at approximately 70-feet from the OHWL,the 75-foot lake setback, and the <br /> 30-foot rear yard setback.The required setbacks leave an approximate 15 foot deep building <br /> envelope. The proposed addition maximized the allowable building envelope and is proposed to <br /> encroach into the 75' lake yard. The applicant is working to build the addition to follow the <br /> neighboring homes and to meet the average lakeshore setback. <br /> Part of the existing home to be removed encroaches into the 75-foot and the side yard setbacks. <br /> The new addition is proposed to meet the average lakeshore setback and will encroach <br /> approximately 15 feet into the 75-foot setback. A new driveway and front sidewalk are also <br /> proposed with the project. <br /> • The proposed hardcover level of 52.6% is a 600 square foot increase from the existing <br /> conditions.The increase is primarily resulting from the increased building and driveway <br /> coverage.The proposed home is nearly twice the size of the existing home.The old driveway <br /> only served a 1 car garage and the proposed driveway will service a 2 car garage requiring a <br /> larger driveway. <br /> Eave Encroachment(78-1405) <br /> The code allows for a roof eave to encroach up to 2 feet in the required setback. The applicant <br /> is choosing the design the home with an angled eave that will be 3 feet in width at the widest <br /> point along the eastern property line.The wider eave is proposed on the same side yard where <br /> the applicant is requesting a side yard setback variance. The wider eaves is a design element <br /> and not necessary for the use of the parcel. <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 />