LA18-000056 Neugent (710 Big Island) VAR PCSR

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FILE #LA18-000056 18 June 2018 Page 2 of 4 Average Lakeshore The entire property is located lakeward of the average lakeshore setback line determined by the properties at 700 Big Island and 720 Big Island. *The applicant is proposing new hardcover through the property in the 75’ lakeyard and a reconstructed retaining wall. Section 78-1403- Structural Coverage: This property exceeds 1.99 acres therefore is not subject to the 20% structural coverage limitation. Section 78-1700 -Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 103,738 s.f. 25,934 s.f. (25 %) 4,028 s.f. (3.9%) 6,447 s.f. (6.2%) Applicable Regulations: Hardcover Restrictions (78-1680) Within 75 feet of the ordinary high water level (OHWL) of any lake no hardcover shall be placed, located or constructed, except regulated by the shoreland overlay district. The applicant is proposing to reconstruct a deteriorating retaining wall and sidewalk on the west side of the property to access to a dock. The west dock access and main entry walk access seem reasonable and necessary. Structures on Lots (78-1279) Retaining walls shall not be placed within the shore setback zone. There is currently a failing retaining wall that is slanted and no longer retaining the earth. The applicant is looking to replace the retaining wall and existing sidewalk. The retaining wall will be realigned slightly to follow the existing grade on the property and gain better access to the west dock. 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. 2, 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.