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LA22-000067 <br />January 17, 2023 <br />Page 2 of 4 <br /> <br />Average Lakeshore Not Met <br /> <br />Section 78-330 – Lot Area/Width: <br /> <br />DISTRICT LR-1B Lot Area Lot Width <br />Required 43,560 s.f. (1 acre) 140’ <br />Actual 42,282 s.f. (0.97 acres) 112’@ OHWL 125@ 75’ <br /> <br />Section 78-1403 – Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />42,282 s.f. (0.97 acres) Allowed: 8.456.4 s.f. (20%) <br />Proposed: 3,174 s.f. (7.5 %) No Change <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 42,282 s.f 10,570 s.f. <br />(25 %) <br />10,282 s.f. <br />(24.32%) <br />10,288 s.f. <br />(24.33%) <br /> <br />Applicable Regulations: <br />Section 78-1279 (6) <br />Average lakeshore setback. No principal or accessory building shall be located closer to <br />the Ordinary High Water Line (OHWL) than the average distance from the shoreline of <br />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 setback <br />shall apply only to classified lakes and shall not apply to tributaries. The average <br />lakeshore setback line shall be a straight line connecting the most lakeward protrusions <br />of the principal buildings on the immediately adjacent lakeshore lots. <br /> <br />The average lakeshore setback line is roughly 150’-185’ back from the OHWL of Lake <br />Minnetonka. The existing home is located lakeward of the ALS, 126’ feet from OHWL. The <br />proposed stairs would serve the existing deck and would be constructed so that the 126’ <br />current lake setback from the OHWL is maintained. <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 <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.