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(V0S>3M6 1145 Sixth Avenue Nortk February 18,2005 Page 2 Pertinent Code Sections Section 78-1279(2): Required minimum structure setback from top of bluff = BO*. Section 78-1279(3): Bluii impact zones. Structures and accessory facilities, except stairways, landings, and loek boxes, must not be placed within bluff impact zones. Section 78-1286(e)6,7,8: 6. Fill or excavated material must not be placed in a manner that creates an unstable slope. 7. Plans to place fill or excavated material on steep slopes must be reviewed by the City Engineer for continued slope stability and must not create finished slopes of 30% or greater. 8. Fill or excavated material must not be placed in bluff impact zones. Section 78-967(bX3): Proposed elevation changes within 5' of a lot line, except for drainage swales and ditches, are considered as ‘unusual land alterations’ requring a conditional use permit. Summary of Request Applicants have purchased this property and plan to remu ve the ex isting house and detached garage in order to construct a new residence with attached garage. This is a unique site, with signi ficant topograpliic limitations. The buildable area is within a 3-acre triangle of land including southerly and northeasterly facing bluffs and steep slopes rising from the shore of Long Lake. The applicants share an existing driveway which also serves two neighboring homes on the higli ground to the inunediate west. The site is heavily forested. The existing house, garage and driveway apron extend to the defined top of bluff, with no setback fix)m (and even some slight encroachment into) the bluff itself. The proposed new residence has been located to generally be further fix>m the top of tlie bluff than the existing house, but constraints of driveway slope and tree locations limit developability of the site for the home design proposed. The applicants arc requesting top ofbluffsetback variances for a small portion ofproposed deck, and for the attached garage; approvals are also required for restoration ofgradcs after the existing house is removed, as well as minor grading to accomplish foundation construction and drainageways within the ‘bluff impact zone’, i.e. witliin 20* of the defined top ofbluff. Hardship Analysis m f coHsMeiirng •Homs for vmrioMce, the PioMoiog CommissioM sHoU consider the effect of the proposed vmtimmee upon the ,»th, smfety omd welfare of the community, existing and unticiputed truffle conditions, iight end uir, danger of fire, risk to the public safety, and Ihe effect on values of property in the surrounding area. The Hanning Commission shall consider recommending approval for variances from the Uterai provisions of the Zoning Code in Instances where their strict enforcement would cause undue hardship because of circumstances nnigne to the individual property under consideration, and shall recommend approval only when it is lemonstrated that such acHons will be in keeping with the spirit and intent of the Orono Zoning Code. n i . S