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#17-3962 <br />August 21, 2017 <br />Page 3 of 6 <br />Deck and Driveway Encroachments. The survey work provided indicates that a sliver of the deck for the <br />house at 3560 Ivy Place may encroach into the applicants' property. Possible remedies include a lot line <br />rearrangement or possibly an easement. Also, a portion of the driveway serving 3560 Ivy encroaches <br />into the applicants' property. Possible remedies include lot line rearrangement, easement, or removal <br />of encroachment. Applicants' proposed driveway parallels this encroachment. <br />Conformity with 2010 - 2030 Orono Community Management Plan <br />The proposed re -platting to create two residential lots from three existing tax parcels conforms to the CMP <br />guiding of the property for Low -Medium Density Residential Use. <br />Relationship to Surrounding Development <br />The neighborhoods surrounding the proposed development are all single-family residential in nature, with <br />lot sizes ranging from as small as % acre to more than an acre. It is anticipated that the proposed homes <br />would be consistent with other lakeshore residential development on Casco Point. <br />Conformity with Zoning District Lot Requirements <br />The property is zoned LR -1C, Lakeshore Residential District, which allows for single family residential uses <br />with a minimum lot size of 0.5 dry buildable acres and 100' width as measured at the shoreline and at the <br />75' setback line. <br />Lot Area and Width. Each of the two lots exceeds the minimum acreage requirements. Lot 1 is <br />approximately 0.66 acre in area. Lot 2, being platted as a back lot given the unusual property shape and <br />access limitations, exceeds the 150% lot area requirement at approximately 1.35 acres. Each lot exceeds the <br />100' width requirement. <br />Front/Back Lot Configuration. The front/back lot configuration was recommended by staff as the most <br />conforming method of converting these three lots into two. Zoning Code Section 78-1369 states that "each <br />lot shall face on a public street or appropriate private easement". The existing driveway easement with cul- <br />de-sac becomes a limiting factor for development of the site, cannot be counted towards lot area, and its <br />location conflicts with other easements. In order to convert the 3 lots into two lots, a new, relocated access <br />corridor for Lot 2 is necessary, suggesting the need for a subdivision process that creates a 'front lot', a 'back <br />lot', and an access outlot (typically 30 feet in width per City code). <br />Setbacks. The Zoning Code back lot standards have a significant impact on potential locations of a home on <br />the back lot. By definition the line between proposed Lots 1 and 2 becomes the front lot line, requiring a <br />45' setback (instead of 30') when the back lot "150% of standard setbacks" rule is applied. The proposed <br />house location on proposed Lot 2 is shown at a 10' setback. Elsewhere in the city, the 'front yard' for lake <br />lots is the yard adjacent to the lake, therefore it could be argued that the orientation of the homes on Lots <br />land 2 will be such that the 'front'yard will be either the easterly or westerly lake yard, and the line between <br />the two lots will function as a side lot line. This would only require a 15' side setback for Lot 2. Under this <br />scenario, staff would be comfortable with recommending the redefining of lot lines and yard designations, <br />but not for granting of a variance to allow a side setback of 10' instead of 15' for Lot 2. Note that proposed <br />Outlot A, the 30' wide driveway corridor, extends approximately 15 feet into Lot 2. This could also be used <br />as a justification for the redesignation of yards. Staff has prepared a setback exhibit (exhibit N) illustrating <br />the designation of yards. <br />Both lots show a conceptual house footprint preserving the 0-75 lake yards. Both lots would still be required <br />to adhere to the 75' lakeshore setback and 25% hardcover limit, as well as the 20% structural coverage limit. <br />Average Setback. Because this is a peninsula, and with both lots having shoreline on two sides, the average <br />lakeshore setback should be addressed as part of the approval resolution. It would appear that the location <br />of the adjacent home at 3560 Ivy should be the defining property for establishing average lakeshore setback <br />