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, 09-3417 <br /> � July 20,2009 <br /> Page 3 of 5 <br /> . � the lake setback. The additional story is partially within the lake setback. The proposed <br /> garage addition and enixy porch are not in the lake setback. , <br /> With the additions structural coverage on the lot will be 12 square feet more than the <br /> � permitted 15 percent. <br /> Hardcover in the 0 to 75 foot zone is currently 25.44 percent or 9,195 square feet..All is non- <br /> conforming. The proposed deck would add 120 square feet of structural hardcover and the <br /> proposed retaining wall square feet. Removal of 55 square feet of non-structural hardcover <br /> is proposed in conjunction with relocation of the entry. <br /> Hardcover in the 75 to 250 zone is currently 34.82 percent or 10,760 square feet. The entry <br /> porch and approximately 60�square feet of the garage addition would convert square feet of <br /> non-hardcover to structural hardcover. The sidewalk to the entry porch would add 49 square <br /> � feet of non-structural hardcover. The remainder of the garage addition would convert non- <br /> structural hardcover to structural hardcover. Enough of the driveway would be converted to <br /> . non-hardcover to result in a 250 square foot reduction in hardcover in this zone. A variance is <br /> required to relocate or change the nature of non-conforming hardcover. <br /> • Hardship Statement <br /> Applicant has completed the Hardship Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Hardship Analysis <br /> In considering applications for variance, tlie Planning Commission sliall consider tlee effect of tl:e proposed <br /> varimzce upon tl:e I:ealtlz, safety and welfare of tlte community, existing and anticipated tra�c conditions, <br /> ligl:t and air, danger of fire, risk to the public safety, and t/ie effect on values of property in tlte surrounding <br /> area. Tlze Planning Commission sltall consider recommending approval for variances from t/:e litera[ <br /> provisions of tlie Zoning Code in instances wl:ere t/ieir strict enforcement would cause undue liardsliip <br /> because of circumstances unique to t1:e individual property under consideration, and shall recommend <br /> approval only wleen it is demonstrated tliat sucli actions will be in keeping witl: tlie spirit,and intent of tl:e <br /> Orono Zoning Code. <br /> Issues for Consideration <br /> Structural Coverage The issue of structural coverage was discussed with Mrs. Moseley and <br /> the designer early in the application process. It appears the designer may have not <br /> . understood the deck would be considered structural coverage. To Staff it appeaxs that 12 <br /> square feet could be easily be removed from the proposal. <br /> Lakeshore Setback Numerous variances have been granted to allow a nearly flat roof on a <br /> house within the lakeshore setback to be replaced with a pitched roof of house on the basis of <br /> the difficulty of mainta.ining a flat roof in Minnesota. Most have had some living space <br /> under the new roof. The Commission should consider if the additional vertical encroachment <br /> into the lakeshore setback will be compatible with the surrounding area and the lakeshore <br /> character. If the trees on the property are found to be a mitigating factor they could be <br /> protected by a covenant. <br />