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FILE#17-3971 <br /> 16Oct 2017 <br /> Page 2 of 5 <br /> Section 78-1403-Structural Coverage: <br /> Total Lot Area Total Structural Coverage <br /> 43,600 s.f. (1.0 acre) Allowed: 8,720 s.f. (20%) <br /> Proposed: 5,273 s.f. (12%) <br /> Section 78-1680 and 78-1700-Hardcover Calculations: <br /> The hardcover calculations have not been provided isolating the hardcover existing only within the 75-foot <br /> setback area. <br /> Stormwater <br /> Overlay District Total Area in Allowed Hardcover Proposed Hardcover <br /> Tier Zone <br /> Tier 1 43,600 s.f. 10,900 s.f. 10,593 s.f. <br /> (25%) (24.2%)* <br /> *based on the after lot line arrangement lot area. Proposed retaining wall HC has been excluded. <br /> Applicable Regulations: <br /> Lake Setback& Hardcover within 75-foot Setback Variance(Section 78-1279) <br /> The applicant is proposing installation of new retaining walls within the 75-foot setback along the shoreline <br /> slope.They propose to construct new walls which should tie into the existing wall system on the neighboring <br /> property(2709 Walters Port)and create an open sloped switchback path to provide access via a small ATV or <br /> lawn equipment. Retaining walls are not listed as permitted structural encroachments within the shore <br /> setback zone therefore a variance is required. <br /> Average Lakeshore Setback Variance (Section 78-1279) <br /> The applicant is requesting an average lakeshore setback variance in order to construct a new home on the <br /> property.The previously existing home was demolished in September.Approximately half of the existing <br /> home was situated lakeward of the average lakeshore setback line;a similar proportion of the new home will <br /> be approximately 52 feet lakeward of the average lakeshore setback line. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed <br /> variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, <br /> light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br /> area. The Planning Commission shall consider recommending approval for variances from the literal provisions <br /> of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of <br /> circumstances unique to the individual property under consideration, and shall recommend approval only when <br /> it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br /> Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br /> not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for <br /> earth-sheltered construction as defined in Minn.Stat. § 216C.06,subd. 2,when in harmony with this chapter. <br /> The board or the council may not permit as a variance any use that is not permitted under this chapter for <br /> property in the zone where the affected person's land is located.The board or council may permit as a <br /> variance the temporary use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance.The proposed home <br /> on the property is situated almost entirely within the average lakeshore setback.The pre-lot line <br /> rearrangement buildable envelop of the property would permit conforming development. Lake view <br /> preservation is a priority in the City of Orono.A residence in a residential district is in harmony with <br /> the ordinances, however the lake view preservation of the adjacent property owners should be <br />