01-09-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ANALYSIS: NO. 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The applicant proposes to construct a new residence and detached garage on a residential property which is in line with the intent of the ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." In addition to the residential guiding of the Property, the Comprehensive Plan has directives which are put in place to protect the lake, limit massing and hardcover. The proposed plan for a new residence and detached garage results in neither an increase in structural coverage (over the permitted 15% level) nor hardcover above 25%. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The Applicants propose to construct a new home and detached garage on the Property in conformance with the FEMA floodplain regulations lowest floor and MCWD's lowest opening requirements. In order to do so they are elevating the new structures on fill material. With the lake setbacks applied, the property is not wide enough to meet the requirement that the fill material extend 15 feet from the perimeter at the lowest floor elevation. In staff's opinion, this criterion is met. The detached garage will be constructed in the same footprint location as an existing detached garage. The proposed 3.5 foot increase in peak height is a combination of the owners' proposed 3 foot side wall height increase and the '/2 foot floor elevation required by code. The new home will meet the LR -1 B district setbacks, height, massing, and the property will comply with the Tier 1 hardcover requirements. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Portions of the Property have a 1 % annual chance of flooding. The Applicants are proposing to elevate the structure in a conforming manner and location to meet the flood regulations; the relative narrowness of the Property creates a difficulty in meeting the 15 -foot fill extension requirement. The location of the existing nonconforming detached garage encroaches 5.7 feet into the rear yard. Shadywood Road and the bridge over the channel are approximately 17 feet higher than grade of the Property.