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LA23-000062 <br />January 16, 2024 <br />Page 3 of 6 <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 Proposed Hardcover <br />Tier 1 65,801 s.f. 16,450.25 s.f. <br />(25 %) <br />7,495 s.f. <br />(11.39%) <br />9,291 s.f. <br />(14.12%) <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variances (Section 78-1279) <br />The property is subject to a flat measurement average lakeshore setback that is determined by <br />the neighboring property to the east. The 107.6-foot setback must be met along the lakeside as <br />well as the channel side. The existing home does not meet the average lakeshore setback <br />requirement as parts of the home to the south and west encroach. The proposed new home will <br />be at its closest point 95.7 feet from the OHWL. This is a similar encroachment to the existing <br />home. Staff is supportive of an average lakeshore setback variance that allows for a home to be <br />constructed with a similar encroachment to what exists today. <br /> <br />Bluff Setback (Section 78-1279) <br />The City Code prohibits the construction of buildings or structures within 30 feet of a top of <br />bluff. The code also defines the most sensitive area as a bluff impact zone, which is defined as <br />20 feet from the top of bluff. No buildings, structures, or grading is permitted within 20’ of the <br />defined top of bluff. Regulations are in place to protect bluffs in order to reduce the risk of slope <br />failure and minimize erosion and sediment in the waterways. The subject property has existing <br />improvements within the bluff impact zone and in front of the bluff setback line. The proposed <br />project will continue to have portions of the new home within the 30-foot bluff setback and <br />improvements such as a driveway, patio, retaining walls, and walkways within the 20-foot bluff <br />impact zone. The new home will require substantial grading within the sensitive bluff to <br />construct a home with a walkout basement in the proposed location. While staff recognizes the <br />need to access the property and can support a driveway within the bluff setback and impact <br />zone, portions of the home and accessory structures and amenities like patios and walkways <br />should not be in the bluff setback. Furthermore, grading in the bluff is not permitted and if <br />necessary, should be limited and the proposal indicates excessive grading to support the desired <br />home design. Staff is not supportive of the requested bluff variances as applied. <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. <br />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 <br />variance any use that is not permitted under this chapter for property in the zone where the <br />95