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FILE #LA24-000029 <br />June 17, 2024 <br />Page 2 of 4 <br /> <br /> <br />Section 78-305 – Lot Area/Width: <br /> <br />LR-1A Lot Area Lot Width <br />Required 87,120 s.f. (2.0 acres) 200’ <br />Actual 32,927 s.f. (0.75 acre) 130’@ 75’ / 130’ @ OHWL <br /> <br />Section 78-1403 – Structural Building Coverage: <br /> <br />Total Lot Area Total Structural Coverage <br />32,927 s.f. (0.75 acre) Allowed: 6,585 s.f. (20%) <br />Existing: 4,170 s.f. (12.6%) <br />Proposed: 4,170 s.f. (12.6%) – no change <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br /> <br />Stormwater <br />Overlay <br />District Tier <br />Total Area in <br />Zone <br />Allowed <br />Hardcover <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 1 32,927 s.f. 8,231 s.f. <br />(25 %) <br />8,664 s.f. <br />(26.3%) <br />8,664 s.f. <br />(26.3%) – no change <br /> <br />Applicable Regulations: <br />75-foot Lake Setback Variance (Section 78-1279) <br />The majority of the home is within the 75-foot lake setback. The proposed entryway modification to <br />the roofline is within the 75-food lake setback. The modification increases the vertical massing of <br />the building within the setback. Any modification to the massing of the nonconforming building <br />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 <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in instances where their strict <br />enforcement would cause practical difficulties because of circumstances unique to the individual <br />property under consideration, and shall recommend approval only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br />not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be <br />granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in <br />harmony with this chapter. The board or the council may not permit as a variance any use that is <br />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 <br />as a 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 <br />proposed variance is in harmony with the purpose of the Ordinance. The property <br />includes difficulties in the location of the existing home and existing site conditions. The <br />173