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FILE#LA22-000039 <br /> 15 Aug 2022 <br /> • Page 3 of 5 <br /> determined by the home at 1945 Fagerness Point Road.The proposed deck will improve the <br /> setback with an approximate 25 foot encroachment lakeward of the average lakeshore setback. <br /> Sec. 78-1279. Placement of buildings and structures on lots. <br /> When more than one setback applies to a site, buildings,structures, and facilities must be <br /> located to meet all setbacks. Buildings and structures shall be located as follows: <br /> (6) Average lakeshore setback. No principal or accessory building shall be located closer <br /> to the Ordinary High Water Line(OHWL)than the average distance from the shoreline <br /> of existing principal buildings on adjacent lots; This does not apply to patios and other <br /> accessory structures less than 42 inches above existing grade, and/or stairways, lifts, <br /> landings, lockboxes,flagpoles and pump houses. Further, the average lakeshore <br /> setback shall apply only to classified lakes and shall not apply to tributaries. The <br /> average lakeshore setback line shall be a straight line connecting the most lakeward <br /> protrusions of the principal buildings on the immediately adjacent lakeshore lots. <br /> a. In situations where improvement is proposed on a lot adjacent to a vacant lot <br /> or right-of-way, the average lake shore setback shall be equivalent to the <br /> setback of the most lakeward protrusion of the principal building on the <br /> immediately adjacent improved lakeshore lot. <br /> b. In situations where the average lake shore setback line bisects the principal <br /> building located on either adjacent lot, the next most adjacent lake side point of <br /> the bisected principal building shall be used for determining the average <br /> lakeshore setback. If the line continues to bisect the principal building, the next <br /> 411 most lakeside point is to be used until the setback line does not bisect the <br /> principal building on an adjacent lot. <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 /> intent of the average lakeshore setback regulation is to preserve views of the lake <br /> • <br />