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FILE #LA24-000041 <br />August 19, 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 25,808 s.f. 6,452 s.f. <br />(25 %) <br />4,829 s.f. <br />(18.7%) <br />4,829 s.f. <br />(18.7%) <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (Section 78-1279) <br />The intent of the ordinance is to protect the lake views enjoyed by neighboring properties. Structures over <br />42 inches in height are prohibited in front of the average lakeshore setback line. The property is currently <br />nonconforming as the average lakeshore setback line bisects the home. Any new lakeside deck on the <br />home would require a variance. The proposed deck is entirely in front of the average lakeshore setback <br />line. <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. An average <br />lakeshore setback variance is required for the construction of a new lakeside deck on the <br />property. The average lakeshore setback line currently bisects the home. The intent of the <br />ordinance is to preserve and protect lake views enjoyed from neighboring properties. The <br />neighboring properties are not impacted by new deck as the house is setback over 100 feet from <br />the lake. All other setbacks including the 75-foot lake setback are met. The hardcover on the <br />subject property will not increase due to the proposed deck being located over an existing patio. <br />This criterion is met. <br /> <br />2. The variance is consistent with the comprehensive plan. The variance resulting in a new lakeside <br />deck is consistent with the comprehensive plan. A lakeside deck was previously located on the <br />property, which has since been removed. The proposal is for an expanded deck in the same <br />location. There have been instances when the City has granted variances from average <br />lakeshore setback when the proposal does not disrupt neighboring views of the lake and is not <br />within the 75-foot setback. The proposed deck is not likely to impact any lake views. This <br />criterion is met. <br /> <br />9