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FILE #LA24-000022 <br />May 20, 2024 <br />Page 2 of 4 <br /> <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 40,075 s.f. 10,018.75 s.f. <br />(25%) <br />4,176 s.f. <br />(10.42%) <br />4,176 s.f. <br />(10.42%) <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variances (Section 78-1279) <br />The current lakeside deck on the property is not complaint with the average lakeshore setback regulation. <br />The applicant proposed to replace the deck, but need to raise the deck railings to comply with building <br />code. The increase in deck railing from 30” to 36” creates a new expansion into the average lakeshore <br />setback and requires 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 and deck on the lot does not conform with the average lakeshore setback. The proposed <br />deck replacement is the same location and footprint as the existing deck. However, the deck <br />railing must be raised 6” in order to comply with building code. An “in-kind” deck replacement <br />would not be permitted due to the substandard deck railing height. A variance is required to <br />allow the deck railing to increase in height to meet the MN State building code requirements. <br />The new deck is in harmony with the general intent of the Ordinance due to the practical <br />difficulties present. This criterion is met. <br /> <br />2. The variance is consistent with the comprehensive plan. The replacement of a nonconforming <br />lakeside deck is consistent with the Comprehensive Plan. The applicant has identified the <br />necessary practical difficulties inherent to the land supporting their requests. The proposal will <br />meet all other zoning requirements. This criterion is met. <br /> <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not permitted <br />by the official controls; The replacement of an existing deck on a single-family home is a <br />52