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FILE #LA22-000055 <br />21 Nov 2022 <br />Page 3 of 6 <br /> <br /> <br />There are four areas of footprint expansion proposed, shown in yellow on Exhibit E, the largest addition is <br />a 22’x 26.5’ garage addition on the rear. This addition meets the required setbacks. The three other <br />footprint expansions include the covered porch entry and 6.5’x 9’ addition on the street side of the home <br />60-feet from the OHWL; a small addition on the west side of the home 48-feet from the OHWL; and a <br />small chimney addition on the lakeside of the home. The chimney is approximately 13-feet taller than the <br />existing roof height and will be 18 feet from the lake. <br /> <br />Hardcover Variance (Section 78-1680 & 78-1700) <br />The property currently has 33.9% hardcover where 25% is permitted. The majority of the hardcover is <br />located within the 75-foot setback from the OHWL where, according to City Code Section 78-1680, very <br />limited amounts of hardcover are permitted (stairs, landings, lockboxes, etc.). The applicant is showing <br />some new areas of hardcover and is proposing to remove 224 square feet of total hardcover resulting in <br />32.9% hardcover. Some of the existing non-structural hardcover surfaces are proposed to become building <br />footprint – the garage addition and the proposed stair addition next to the front stoop for example. A <br />variance is required to change the nature of nonconforming hardcover from non-structural to structural <br />when the property is out of conformance with the hardcover limitation. <br /> <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 <br />systems. 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 variance any <br />use that is not permitted under this chapter for property in the zone where the affected person's land is <br />located. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />two-family dwelling. <br /> <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 variances <br />for expansion of non-conforming building within the average lake setback and the 75-foot lake <br />yard setback are not supported by practical difficulties. 75-foot lake yard construction <br />prohibitions are intended to maintain the natural lakeshore and encourage development away <br />from the lake. Additionally, the goals of the average lakeshore setback requirement include <br />protecting views from land to the lake, the requested variances to expand the volume of the <br />existing home are not in harmony with the Ordinance. The additional mass of the 2nd story, <br />chimneys, and roof areas within the setbacks result in an increase of the building height closer <br />to the lake than existing and may negatively impact the views into the property from the lake. <br />The new hardcover and reorientation of existing hardcover to create a new patio and sidewalk <br />within the 75-foot lake setback are not in harmony with the Ordinance. This criterion is not met. <br /> <br />2. The variance is consistent with the comprehensive plan. The variances resulting in modifications <br />to the existing home with a volume expansion and minor footprint expansions within the <br />setbacks in a residential zone are inconsistent with the Comprehensive Plan. The applicant has