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FILE # LA18-000076 <br />17 Sept 2018 <br />Page 2 of 5 <br /> <br /> <br />Section78- 330 - Lot Area/Width: <br />LR-1B Lot Area Lot Width <br />Required 43,560 s.f. (1.0 acre) 140’ <br />Actual 111,475 s.f. (2.6acre) ±358’ @ 75’ / ±390’ @ OHWL <br /> <br />Section 78-1403- Structural Coverage: <br />The property exceeds 1.99 acres and is not subject to structural coverage limitations. <br /> <br />Section 78-1680 and 78-1700 -Hardcover Calculations: <br /> <br />Stormwater <br />Overlay <br />District Tier <br />Total Area <br />in Zone <br />Allowed <br />Hardcover Existing Hardcover Proposed Hardcover <br />(Includes other projects) <br />Tier 1 111,475 <br />s.f. <br />27,868 s.f. <br />(25 %) <br />20,054 s.f. <br />(18%) <br />1,084 s.f. <br />w/in 75’ <br />22,813 s.f. <br />(20.5%) <br />1,044 w/in <br />75’ <br /> <br />Applicable Regulations: <br />Lake Setback Variance & Average Lakeshore Setback Variance (Section 78-1279) <br />The applicant plans to rebuild the foundation of the 150 square foot boathouse building which is <br />permitted as a legal nonconforming structure with respect to setback. It is currently set back 16 <br />feet from the OHWL where a 75-foot setback is required, and entirely lakeward of the average <br />lakeshore setback line. They also plan to increase the height of the structure by adding a porch <br />roof over the top which expands the structure within the substandard setbacks – average <br />lakeshore and lake setback. The upper level expansion consists of posts and a roof; they plan to <br />install retractable screens in the place of walls. <br /> <br />Hardcover Variance (Section 78-1680) <br />The hardcover variance is requested due to the reorientation of the existing stairway to the lake. <br />A lake access stair is permitted hardcover however, with the addition of the other existing <br />improvements in the 75-foot setback, the hardcover exceeds the minimum permitted (which <br />should be equal to the stair footprint). The applicant’s proposal results in a hardcover reduction <br />in the 75-foot setback area of 40 square feet, due to the reorientation of the stair; a variance is <br />still required. <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 <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br />on values of property in the surrounding area. The Planning Commission shall consider <br />recommending approval for variances from the literal provisions of the Zoning Code in instances <br />where their strict enforcement would cause practical difficulties because of circumstances unique <br />to the individual property under consideration, and shall recommend approval only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br />Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br />also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br />Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, <br />subd. 2, when in harmony with this chapter. The board or the council may not permit as a <br />variance any use that is not permitted under this chapter for property in the zone where the