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FILE #LA23-000037 <br />August 21, 2023 <br />Page 2 of 5 <br />Section 78-330 — Lot Area/Width: <br />LR -16 District Lot Area Lot Width <br />Required 21,780 s.f. (1.0 acres) 140' <br />Actual 52,209 s.f. (1.2 acre) 195' @ 75'/ 190' @ OHWL <br />Section 78-1680 and 78-1700 — Hardcover Calculations: <br />Stormwater <br />Allowed <br />Existing <br />Proposed <br />Overlay District <br />Total Area <br />Hardcover <br />Hardcover <br />Hardcover <br />Tier <br />13,052.25 s.f. <br />11,102 s.f. <br />11,102 s.f. <br />Tier 1 <br />52,209 s.f. <br />(25 %) <br />(21.26%) <br />(21.26%) <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (Section 78-1279) <br />The intent of the ordinance is to protect the lake views enjoyed by neighboring properties. Structures over <br />42 inches in height are prohibited in front of the average lakeshore setback line. A portion of the existing <br />deck on the subject property is in front of the average Lakeshore setback line. Construction of a screened <br />in porch on top of the existing deck's footprint is not permitted without a variance as the screened in <br />porch creates a new vertical encroachment into the average lakeshore setback. The subject property has <br />only one impacted neighbor and is oriented in a way that the existing deck and proposed expansion does <br />not impact the lake views for said neighbor. The neighbor's views of the lake are protected and therefore <br />the intent of the ordinance is met. <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 <br />provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties <br />because of circumstances unique to the individual property under consideration, and shall recommend <br />approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br />Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical <br />difficulties also include but are not limited to inadequate access to direct sunlight for solar energy <br />systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. §216C.06, <br />subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any <br />use that is 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 as a <br />two-family dwelling. <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. An average <br />lakeshore setback variance is required for the construction of a screened in porch addition on <br />top of the existing deck's footprint. Approximately 5 feet of the current deck is within the <br />average lakeshore setback and therefore expansion would not be permitted. The intent of the <br />ordinance is to preserve and protect lake views enjoyed from neighboring properties. The <br />neighboring property to the south is not impacted by the existing deck or the proposed <br />expansion. The requested screened in porch addition creates a new vertical encroachment in <br />