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FILE # LA24-000037 <br />15 July 2024 <br />Page 2 of 4 <br /> <br /> <br />Section 78-350 – Lot Area/Width: <br /> <br />LR-1C DISTRICT Lot Area Lot Width <br />Required 21,780 s.f. (0.5 acres) 100’ <br />Actual 40,840 s.f. (0.93 acre) 245’@ 75’ / 270 @ OHWL <br /> <br />Section 78-1403 – Structural Building Coverage: <br /> <br />Total Lot Area Total Structural Coverage <br />40,840 s.f. (0.93 acre) Allowed: 8,168 s.f. (20%) <br />Existing: 3,307 s.f. (8%) <br />Proposed: 3,970 s.f. (9.7%) <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br /> <br />Stormwater <br />Overlay <br />District Tier <br />Total Area <br />in Zone <br />Allowed <br />Hardcover Existing Hardcover Proposed Hardcover <br />Tier 1 40,840 s.f. 10,210 s.f. (25 %) 6,968 s.f. <br />(17.1%) 463 s.f. w/in 75’ 7,341 s.f. <br />(18%) 451 s.f. w/in 75’ <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (Section78-1279) <br />The purpose of the average lakeshore setback requirement is to protect and preserve views of the lake over a <br />subject property from the neighboring homes. Application of the average lakeshore setback results in no <br />buildable area on this property. The proposed home will offer approximately 20 additional feet of lake-view area <br />compared to the existing (see the overlay, Exhibit G). There is an existing nonconforming shed located 32.6 feet <br />from the OHWL of the lake and entirely within the 100-year floodplain. The applicants are proposing to keep the <br />shed; it cannot be replaced or substantially improved according to the City’s floodplain regulation (Sec. 78-1149). <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance <br />upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, <br />danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning <br />Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in <br />instances where their strict enforcement would cause practical difficulties because of circumstances unique to the <br />individual 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 considerations alone do <br />not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to <br />direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn. Stat. §216C.06, 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 affected person's <br />land is 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 Property includes <br />difficulties in its topography, the utility easement encroachments, and the orientation of the adjacent <br />property and home. The average lakeshore setback variance will not further impact views of the lake <br />157