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FILE#LA22-000036 <br /> 19 September 2022 <br /> Page 3 of 6 <br /> • Applicable Regulations: <br /> Side Setback Variance (Section 78-350) <br /> The existing home is located between 4.8—7.5 feet from the west side lot line.The required side setback for <br /> this property is 7.5 feet. Due to the nature of the design,the proposed changes to the roof structure from a <br /> hip roof on the street and lake sides to gable ends will increase the mass on each end within the <br /> substandard side yard setback. A 2 foot overhang is permitted as long as the building meets the required <br /> setback. It appears there may be additional massing impacts proposed in the side yard area on the west side <br /> of the home (increased roof overhang, new shed roof over the kitchen window) however,the plans do not <br /> clearly identify the existing conditions for comparison. <br /> Average Lakeshore Setback Variance (Section 78-1279) <br /> The aforementioned changes proposed to the roof structure from a hip roof on the street and lake sides to <br /> gable ends will also increase the mass of the home encroaching within the average lakeshore setback. <br /> Improvements within the average lakeshore setback are permitted with a maximum height of 42-inches <br /> above existing grade.The proposed deck extends from the first floor and will be situated approximately±6 <br /> feet above grade (the walking surface is 3.9 feet above grade on the west side plus a minimum of a 36" <br /> railing). Approximately 19 feet of the deck's total width is elevated above the lower level walkout on the <br /> east side and is shown to be approximately 8.2 feet above grade (plus 36-inch railing). <br /> The deck is shown to encroach into the average lakeshore setback between 18 feet on the west side and <br /> 15.5 feet on the east side. <br /> • Hardcover Variance (Section 78-1700) <br /> As noted above,the applicant is showing over 1,000 square feet of hardcover removals to reach a <br /> conforming level of 25%for their building permit issuance.Their variance request reflects an additional 223 <br /> square feet of hardcover to be added resulting in 26.48% hardcover. <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed <br /> variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, <br /> light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br /> area. The Planning Commission shall consider recommending approval for variances from the literal <br /> provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties <br /> because of circumstances unique to the individual property under consideration, and shall recommend <br /> approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br /> Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical <br /> difficulties 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, subd. 14, <br /> when in harmony with this chapter. The board or the council may not permit as a variance any use that is <br /> not permitted under this chapter for property in the zone where the affected person's land is located.The <br /> board or council may permit as a variance the temporary use of a one-family dwelling as a two-family <br /> 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 applicant is <br /> proposing to make improvements to the home on a residentially zoned property which is <br /> • <br />