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FILE #LA25-000031 <br />18 August 2025 <br />Page 2 of 4 <br /> <br /> <br />Section 6.12.9000 – Hardcover Calculations: <br />Stormwater <br />Overlay <br />District Tier <br />Total Area <br />in Zone <br />Allowable <br />Hardcover Existing Hardcover Proposed Hardcover <br />Tier 1 166,287 s.f. <br />3.82 acres <br />41,571 s.f. <br />(25%) <br />31,648 s.f. <br />(19.04%) <br /> <br />31,793 s.f. <br />(19.13%) <br /> <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variances (Section 6.12.6240) <br />The average lakeshore setback (ALS) line is measured from the immediately adjacent principal <br />buildings on the adjacent properties, which cuts through the existing residence on the subject <br />property. The proposed addition is, at most, 13 feet lakeward of the ALS line. <br /> <br />Governing Regulation: Variance (Section 6.12.500) <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 proposed addition is in a location where lake views would not be impacted. This criterion is <br />met. <br /> <br />2. The variance is consistent with the comprehensive plan: <br />The variance to add to an existing single-family residential use is consistent with the Plan. This <br />criterion is met. <br /> <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls: <br />The ALS greatly impacts the subject property. The applicant proposes a reasonable <br />building addition that will not impact lake views. This criterion is met. <br /> <br /> <br /> <br /> <br />44