10-21-2024 Planning Commission Packet

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FILE #LA24-000046 October 21, 2024 Page 2 of 4 Lakeshore East Side 75’40’52’ Lakeshore South Side 75’53’n/a Average Lakeshore 27’Met Met Section 78-330 – Lot Area/Width: LR-1C District Lot Area Lot Width Required 43,560 sq.ft (1 Acre)140’ Actual 49,617 sq.ft. (1.13 acre)~183’ Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 49,617 sq.ft. 12,404.25 sq.ft (25 %) 7,669 sq.ft 15.4% 6,290.5 sq.ft within 75’ 7,511 sq.ft 15.13% 6,132.5 sq.ft within 75’ Applicable Regulations: Hardcover Variance (Section 78-1680) The property is approximately 1.13 acres. The majority of the hardcover is located within the 75’ lakeshore setback (roughly 6,290 sq.ft.). The proposed deck addition will decrease the hardcover within the 75-foot lakeyard by 158 sq.ft. due to the removals of the plastic landscaped areas and patio. 75-foot Lakeshore Setback Variances Section 78-1279) The existing home is approximately 40 feet from the Ordinary High Water Level (OHWL) when 75 feet from its closest point on the east side. The 75-foot lakeshore setback surrounds the home on three (3) sides greatly reducing the building envelope of the parcel. The proposed deck addition is proposed within the 75-foot lakeshore setback. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code.Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 8