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FILE #LA23-000020 May 15, 2023 Page 2 of 5 Section 78-350 – Lot Area/Width: LR-1B District Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 25,300 s.f. (0.58 acre) 111’ @ 75’ / 111’ @ OHWL Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 25,300 s.f. 6,325 s.f. (25 %) 4,829 s.f. (19.1%) 5,034 s.f. (19.9%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The intent of the ordinance is to protect the lake views enjoyed by neighboring properties. Structures over 42 inches in height are prohibited in front of the average lakeshore setback line. This line is measured from the most lakeward point of each neighboring home or structure. The existing deck on the subject property is in front of the average lakeshore setback line. Expansion of this deck is not permitted without a variance as the deck is over 42 inches in height. The subject property is oriented in a way that the existing deck and proposed deck expansion does not impact the lake views for either the neighbor to the north or the south. The neighbor’s views of the lake are protected and therefore the intent of the ordinance is met. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The average lakeshore setback variance is required for the expansion of a lakeside deck. The current deck is within the average lakeshore setback and therefore expansion would not be permitted. The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring properties. The neighboring properties to the north and south are positioned in a way that the existing deck and the proposed expansion does not impact views of the lake. The requested expansion of approximately 205 square feet is minimal, does not impact lake views, and increases enjoyment of the subject property. This criterion is met.