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� <br /> FILE#1 r3795 <br /> 10 Nov 15 <br /> Aege 3 of 8 <br /> foot setback and is based only on the hardcover calculation sheets provided. Prior to placement <br /> on the City Council agenda the applican#should provide clarification as to the amount of <br /> hardcover exlsting and proposed within the 75-foat setback. <br /> Appllcable Regulations: <br /> Avera�e Lakeshore Setback Variance (Code Sertian 78-12791 <br /> The existing home and all the proposed improvements are shown to be lakeward of the average <br /> lakeshore setback line therefo�e requiring an average lakeshore setback variance. The one <br /> neighboring lakeshore home is over 700 feet away and is separated visualfy by vegetation and/or <br /> topographic differences. The proposed improvements are designed to have minirr�al visual impact <br /> from the lake. <br /> 150-Foot Lake Setback Variance (Code Sectian 78-1279) <br /> Tfie existing home encroaches entirely within the 150-foot lake setback. The applicant's proposal <br /> inciudes modifying and expanding an existing deck on the lake side of the home to create a more <br /> functional transition from the drlveway 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 cfose 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 iCode Section 78-1605} <br /> The proposal results i�a two-foot encroachment into the required 35-foat wetland setback. <br /> The wetland delineation has been app�oved by the MCWD{exhibit J), hawever 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 fCade Sections 78-1680&78-17001 <br /> The portion of the application subject to a hardco�er variance is an approximately 170 square foot <br /> portion�f 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 permissibEe hardcover encroachments <br /> within this zone. <br /> Go+rerning Regulatlon:?��ria�;L,:�s�+::io�7&5."=.�i, <br /> !n reviewing applications for varrance, the Planning Commission shall consider the effect of the <br /> proposed varlance upon the health,safety and wel�are of the community, existinq and <br /> anticipated traffic conditions, light and alr, danger of fire,risk to the public safety, and the effed <br /> on values of property in the surrounding area. The Planning Commission shaJl consider <br /> recommending approva!for voriances from the lirera!provisivns of the Zonrng Code in Instonces <br /> where their strict enforcerrrent would cause practrcoJ difficutties because of circumstances unique <br /> to the individua!property under consideration, and shall recommend approval only when it is <br /> demonstroted that such actions wrJ!be rn keeping with the spirit and rntent of the Orono Zonirrg <br /> Code. Econamic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are r�ot 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 ur council may permit as a variance the temparary <br />