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, <br /> FILE#17-3981 <br /> 11/20/2017 <br /> Page 3 of 6 <br /> The applicant is also proposing a new front porch forward of the existing home footprint (54 <br /> feet the lake) but it will be set back behind the deck which is 50.9 feet from the lake and it does <br /> not encroach in the average lakeshore setback. They are proposing to widen an existing deck on <br /> the home which increases the massing in the lakeyard. <br /> Hardcover to Exceed 25%in Tier 1(78-1700) <br /> The applicant currently has 48.4% (1802 s.f.) hardcover existing on the parcel.They are <br /> changing the structure coverage with the addition of the covered porch but they propose to <br /> decrease hardcover overall. They are proposing to eliminate the existing driveway and parking <br /> pad and are proposing to install a new 2 stall driveway for access to the garage which is less <br /> hardcover overall on the site.The new proposed hardcover is 47.3%(1760s.f.)overall. <br /> Driveway to exceed 8'wide in Shoreland Overlay District(78-1282) <br /> A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if <br /> the property has no other frontage on or access to a public or private road. The project is <br /> proposing to remove the existing 8'wide driveway and parking pad and replace it with a 16' <br /> wide driveway to serve the new 2 stall garage within the 75 foot shoreland setback zone. <br /> Average Lakeshore Setback <br /> There is an existing deck that encroaches into the average lakeshore setback by 6 feet. They are <br /> proposing to maintain that encroachment of 6 feet but will be widening the deck so there will be <br /> more square footage of the deck located in the average lakeshore setback. <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 <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> 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. <br /> The rear, side, and lake yard setback and the wider driveway variance are in harmony <br /> with the purpose of the ordinances. The hardcover is proposed to decrease being the <br /> site closer to conformance with the ordinances. The lot includes challenges with the <br /> small size in the LR-1C zoning district and the orientation towards the lake. The lot is <br /> also challenged with the existing Crystal Bay Road that runs through the lake yard of <br />