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FILE # LA22-000051 <br />21 Nov 2022 <br />Page 3 of 5 <br /> <br /> <br /> <br />Applicable Regulations: <br />Hardcover Setback Variances (Sections 78-1282 & 78-1680) <br />With few exceptions, hardcover is prohibited within the shore setback zone 75-feet from the OHWL <br />of the lake. A driveway with a maximum width of 8 feet is permitted within the 75-foot setback if <br />the property has no alternate access. Additionally, patios and other hard surface improvements are <br />not permitted within the 75-foot setback. <br /> <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 anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in instances where their strict <br />enforcement would cause practical difficulties because of circumstances unique to the individual <br />property under consideration, and shall recommend approval only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br />not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be <br />granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in <br />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 <br />located. The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a 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 <br />variances for hardcover expansions within the 75-foot lake yard are not supported by <br />practical difficulties. 75-foot lake yard hardcover and construction prohibitions are <br />intended to maintain the natural lakeshore, increase infiltration opportunities, and <br />encourage development away from the lake. The requested variances to expand the <br />driveway hardcover and new patio areas within the 75-foot setback are not in harmony <br />with the Ordinance. This criterion is not met. <br /> <br />2. The variance is consistent with the comprehensive plan. The variance to permit additional <br />hardcover within the 75-foot setback is inconsistent with the Comprehensive Plan. The <br />applicant has not identified necessary practical difficulties inherent to the land supporting <br />their requests. The increase in hardcover within the protected 75-foot setback from the <br />OHWL is inconsistent with the Comprehensive Plan. This criterion is not met. <br /> <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; Reasonable use of the Property is established <br />with the existing principal structure including the minimal width access driveway. <br />The request to permit an expansion of the driveway hardcover and to create two <br />additional hardcover patio areas within the 75-foot lake setback is not reasonable. <br />The proposal results in a 3,029 square foot increase of hardcover within the 75- <br />foot setback and is not reasonable. The variance to install new hardcover areas