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FILE#15-3795 <br /> 10 Nov 15 <br /> Page 3 of 6 <br /> foot setback and is based only on the hardcover calculation sheets provided. Prior to placement <br /> on the City Council agenda the applicant should provide clarification as to the amount of <br /> hardcover existing and proposed within the 75-foot setback. <br /> Applicable Regulations: <br /> Average Lakeshore Setback Variance (Code Section 78-1279) <br /> The existing home and all the proposed improvements are shown to be lakeward of the average <br /> lakeshore setback line therefore requiring an average lakeshore setback variance. The one <br /> neighboring lakeshore home is over 700 feet away and is separated visually by vegetation and/or <br /> topographic differences. The proposed improvements are designed to have minimal visual impact <br /> from the lake. <br /> 150-Foot Lake Setback Variance (Code Section 78-1279) <br /> The existing home encroaches entirely within the 150-foot lake setback. The applicant's proposal <br /> includes modifying and expanding an existing deck on the lake side of the home to create a more <br /> functional transition from the driveway area to the eastern lake side of the home; the deck and <br /> pergola addition will be lakeward of the average lakeshore setback and as close as 60 feet to the <br /> lake. A pool is proposed to be constructed lakeward of the home,approximately 60 feet from the <br /> OHWL and ahead of the average lakeshore setback, and partially within the 75-foot zone where <br /> no hardcover is permitted. <br /> Wetland Setback Variance (Code Section 78-1605) <br /> The proposal results in a two-foot encroachment into the required 35-foot wetland setback. <br /> The wetland delineation has been approved by the MCWD (exhibit J), however the applicant <br /> should assure that the entire delineated wetland boundary should be shown on the survey <br /> where it relates to the house and project areas for accurate setback determination. <br /> 0-75-Foot Hardcover Variance (Code Sections 78-1680&78-1700) <br /> The portion ofthe application subject to a hardcovervariance is an approximately 170 square foot <br /> portion of the deck on the east side of the home and an approximate 350 square foot portion of <br /> pool and pool deck.The pool deck, pool, and deck are not permissible hardcover encroachments <br /> within this zone. <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 hea/th, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and rhe effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approva!for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practica/difficulties because of circumsrances 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 <br /> affected person's land is located.The board or council may permit as a variance the temporary <br />