Laserfiche WebLink
FILE #LA23-000066 <br />January 16, 2024 <br />Page 2 of 4 <br /> <br /> <br />Section 78-330 – Lot Area/Width: <br />LR-1B District Lot Area Lot Width <br />Required 21,780 s.f. (1 acre) 140’ <br />Actual 82,241 s.f. (1.89 acres) 175’ @ 75’ / 195’ @ OHWL <br /> <br />Section 78-1403 – Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />82,241 s.f. (1.89 acres) Allowed: 16,448.2 s.f. <br />Existing: 4,255 s.f. <br />Proposed: 5,089 s.f. <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br />Stormwater <br />Overlay District <br />Tier <br />Total Area Allowed <br />Hardcover <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 1 82,241 s.f. 20,560.25 s.f. <br />(25%) <br />10,650 s.f. <br />(12.95%) <br />11,858 s.f. <br />(14.42%) <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variances (Section 78-1279) <br />The current home on the property is not complaint with the average lakeshore setback regulation with the <br />average lakeshore setback line going through the middle of the home. The applicant is proposing to raise <br />the roof of the existing one-story home approximately 1 foot. This roof increase is due to an upgrade in <br />insulation that will bring the home into energy code compliance. The applicant is also proposing an <br />addition on the lakeside of the home underneath an existing deck and two new deck stairs. The increase in <br />overall height of the home and the new additions are new protrusions in the average lakeshore setback <br />and require a variance. <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 <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 /> <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. The existing <br />home on the lot does not conform with the average lakeshore setback. The average lakeshore <br />setback line currently bisects the home. The proposed project increases the height of the home <br />by about a foot and includes an addition underneath an existing deck and two new deck stairs. <br />125