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09-3417 July 20, 2009 Page 3 of5 the lake setback. The additional story is partially within the lake setback. The proposed garage addition and entry porch are not in the lake setback. With the additions structural coverage on the lot will be 12 square feet more than the permitted 15 percent. Hardcover in the Oto 75 foot zone is currently 25.44 percent or 9,195 square feet. All is non- conforming. The proposed deck would add 120 square feet of structural hardcover and the proposed retaining wall square feet. Removal of 5 5 square feet of non-structural hardcover is proposed in conjunction with relocation of the entry. Hardcover in the 75 to 250 zone is currently 34.82 percent or 10,760 square feet. The entry porch and approximately 60 square feet of the garage addition would convert square feet of non-hardcover to structural hardcover. The sidewalk to the entry porch would add 49 square feet of non-structural hardcover. The remainder of the garage addition would convert non- structural hardcover to structural hardcover. Enough of the driveway would be converted to non-hardcover to result in a 250 square foot reduction in hardcover in this zone. A variance is required to relocate or change the nature of non-conforming hardcover. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering 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 undue hardship 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. Issues for Consideration Structural Coverage The issue of structural coverage was discussed with Mrs. Moseley and the designer early in the application process. It appears the designer may have not understood the deck would be considered structural coverage. To Staff it appears that 12 square feet could be easily be removed from the proposal. Lakeshore Setback Numerous variances have been granted to allow a nearly flat roof on a house within the lakeshore setback to be replaced with a pitched roof of house on the basis of the difficulty of maintaining a flat roof in Minnesota. Most have had some living space under the new roof. The Commission should consider if the additional vertical encroachment into the lak:eshore setback will be compatible with the surrounding area and the lak:eshore character. If the trees on the property are found to be a mitigating factor they could be protected by a covenant.