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FILE # LA22-000054 <br />21 November 2022 <br />Page 2 of 4 <br /> <br /> <br />Section 78-395 – Lot Area/Width: <br />DISTRICT LR-1B Lot Area Lot Width <br />Required 43,560 s.f. (1 acre) 140’ <br />Actual 44,347 s.f. (1.02 acres) 195’ @ OHWL 122’ @ 75’ <br /> The property has approximately 550’ of shoreline, however the lot width does not reflect that due to the <br />location on a peninsula. Lot width is measured from point to point as required by the Code. <br /> <br />Section 78-1403 – Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />44,347 s.f. (1.02 acres) Allowed: 8,874.8 s.f. (20%) <br />Existing: 2,582 s.f. (5.8 %) <br />Proposed: 4,030 s.f. (9.1 %) <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br />Stormwater <br />Overlay District <br />Tier <br />Total Area in <br />Zone <br />Allowed <br />Hardcover <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 1 44,347 s.f 11,086.8 s.f. <br />(25 %) <br />4,946 s.f. <br />(11.2%) <br />6,694 s.f. <br />(15.1 %) <br /> The application did not exclude the retaining walls in their proposed hardcover calculations. The amended <br />proposed hardcover is 6,694 (15.1%) not 7,533 (17%) as shown in the Exhibit G <br /> <br />Applicable Regulations: <br />Section 78-1279 (6) <br />Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary <br />High Water Line (OHWL) than the average distance from the shoreline of existing principal buildings <br />on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches <br />above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, <br />the average lakeshore 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 protrusions of the <br />principal buildings on the immediately adjacent lakeshore lots. <br /> <br />The average lakeshore setback line is roughly 145’ back from the OHWL of Lake Minnetonka. The existing <br />home is located entirely lakeward of the ALS. The proposed home will be built in a similar location and will <br />maintain or improve the setback from the OHWL. <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 provisions <br />of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of <br />circumstances unique to the individual property under consideration, and shall recommend approval only when <br />it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br />Economic 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 granted for <br />earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter.