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LA26-000001 <br />17 February 2026 <br />Page 2 of 4 <br />Average Lakeshore The proposed home is located 46 feet lakeward of the ALS line. <br />Section 6.12.9000 — Hardcover Calculations: <br />Stormwater <br />Total Area in <br />Allowed <br />Overlay <br />Existing Hardcover <br />Proposed Hardcover <br />Zone <br />Hardcover <br />District Tier <br />14,585 s.f. <br />Tier 1 <br />14.06 acres <br />153,113 s.f. <br />none <br />(2.4%) <br />(612,453.6 s.f.) <br />(25 %) <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (Section 6.12.6240) <br />Average lakeshore setback. No principal or accessory building shall be located closer to the ordinary <br />high-water line (OHWL) on a lakeshore lot than the average distance from the shoreline of existing <br />principal buildings on adjacent lots. Further, the average lakeshore setback shall apply only to <br />classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a <br />straight line connecting the most lakeward protrusions of the principal buildings on the immediately <br />adjacent lakeshore lots. <br />The subject property is considered a lakeshore lot as the 929.4 (OHWL is contiguous and connected <br />directly to Lake Minnetonka. The OHWL does not touch the property immediately south of it (920 <br />Brown Rd S), so the ALS line is drawn from the neighbor two houses to the south (930 Brown Rd S). <br />The proposed new home should not impact sightlines of the neighboring properties, meeting the <br />intent of the ALS. <br />Governing Regulation: Variance (Section 6.12.530) <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 <br />for property in the zone where the affected person's land is located. The board or council may permit, <br />as a variance, the temporary use of a one -family dwelling as a two-family dwelling. <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 is intended to protect lake views from the principal buildings on <br />adjacent lakeshore properties. The average lakeshore setback limits a reasonable building <br />envelope on this large property, the proposed home location will not impact sightlines. This <br />criterion is met. <br />7 <br />