07-17-2023 Planning Commission Packet

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FILE #LA23-000033 17 July 2023 Page 2 of 4 Section 78-330 — Lot Area/Width: LR -1B DISTRICT Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 19,210 s.f. (0.44 acre) 100'@ 75'/ 100'@ OHWL Section 78-1403 — Structural Building Cove Total Lot Area Total Structural Coverage 19,210 s.f. (0.44 acre) Allowed: 3,842 s.f. (20%) Proposed Existing: 2,881 s.f. (15%) Proposed: 2,881 s.f. (15%) Section 78-1680 and 78-1700 — Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 4,802.5 s.f. 4,570 s.f. 4,604 s.f. Tier 1 19,210 s.f. (25 %) (23.8%) (24%) Applicable Regulations: Average Lakeshore Setback Variance (Code Section 78-1279 The north west lakeside corner of the existing home is set at the average lakeshore setback. The setback line runs diagonally across the property allowing for a shallow deck to be constructed on the lakeside of the home on the southwest corner. The permitted footprint (with a depth between 7.5 — 8 feet) would not result in a very functional outdoor living space. The applicants have requested a variance to permit a 14 -foot deck which results in an encroachment into the average lakeshore setback between 6.5 feet on the north and approximately 3.5 feet on the south. The deck expansion does not appear to impact views of the lake from either neighboring property. 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.