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FILE #LA24-000067 <br />18 February 2025 <br />Page 2 of 4 <br /> <br /> <br /> <br />Section 78-1403 – Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />33,836 s.f. (0.78 acre) Allowed: 6,767 s.f. * <br />Existing: 2,366 s.f. (7%) <br />Proposed: 2,366 s.f. (7%) <br />*Maximum footprint of structures cannot exceed 20% of lot size on lots >10,000 s.f. Code Sec. 78-1403 (a)(1) <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br />Stormwater <br />Overlay <br />District Tier <br />Total Area <br />in Zone <br />Allowed <br />Hardcover Existing Hardcover Proposed Hardcover <br />Tier 1 33,836 s.f. 8,459 s.f. <br />(25 %) <br />5,840 s.f. <br />(17.3%) <br />0 s.f. within <br />75’ <br />8,435 s.f. <br />(24.9%) <br />~100 s.f. <br />within 75’ <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variances (Section 78-1279) <br />The ALS excludes most of the property from development. The findings supporting Resolution 7372 <br />(file LA23-000021) still apply with the new proposed application. Staff found an exceptional practical <br />difficulty impacting the owners’ ability to make improvements to their house have not substantially <br />changed. <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 for <br />variances from the literal provisions of the Zoning Code in instances where their strict enforcement <br />would cause practical difficulties because of circumstances unique to the individual property under <br />consideration, and shall recommend approval only when it is demonstrated that such actions will be <br />in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not <br />constitute practical difficulties. Practical difficulties also include but are not limited to inadequate <br />access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br />construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The <br />board or the council may not permit as a variance any use that is not permitted under this chapter for <br />property in the zone where the affected person's land is located. The board or council may permit as <br />a variance the temporary use of a one-family dwelling 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: <br />The Average Lakeshore Setback (ALS) makes the development and improvement of this property <br />and existing house challenging. The proposal does not significantly encroach into the lake views <br />of the adjacent owners along Lake Minnetonka, meeting the intent and purpose of the Ordinance. <br /> <br />2. The variance is consistent with the comprehensive plan: <br />The proposed variance to construct a deck as an accessory use to a single-family residence is <br />permitted within LR-1C zoning and is consistent with the comprehensive plan. <br /> <br />3. The applicant establishes that there are practical difficulties. <br />228