06-13-2005 Council Packet - Laserfiche WebLink

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M)5-3I09 May 16.2005 Page 4 of6 Hardcover Zone 500-1000 Total Area in Zone 58,233 s.f. Allowed Hardcover 20,382 s.f. (35%) Existing Hardcover 23,678.32 s.f.* (40.6%) Proposed Hardcover 25,523.03 s.f f43.8%) * After exclusion of fabric or plastic-lined landscape beds Hardcover Variance THr applicant is proposing a hardcover variance to permit 43.8% hardcover within the 50o*-1,000* lake setback zone where 35% is normally allowed. This property received a variance in 1994 to permit 43% hardcover because the applicant agreed to construct a drain tile on the east property line and into the easterly neighbor's property to alleviate flooding the easterly neighbor was experiencing and additional drainage improvements. Although 43% was approved the site currently contains 40.6% hardcover. The applicant is proposing a variance to permit an additional 483 s.f of hardcover above the 1994 approval. Sign Variance The applicant is proposing a n’tonument style sign 4’ in height and 8* in width, measuring 32 s.f. total. The total grapliics of the sign will be slightly less than 32 s.f with the remaining consisting of brick encasement of the letters. The sign will be located in the front of the building at a setback of 10 ’ from Togo Road, meeting Zoning Ordinance requirement. Zoning Ordinance Section 78-1467 (1) (c) permits a 12 s.f. sign for conditional uses in residential zoning districts, therefore requiring a variance. Hardship Analysis_______________________________________________ Im eoHtUertHg appHeatlonsfor vartaHce, the Plauulng Commluhit shall consider the effect of the proposed variance npon the health, spfety and welfare of the conunnnity, existing and anticipated treifk conditions, llghi and air, danger of fire, risk to the pnbllc sttfety, and the effect on values of property In the surrounding area. The Planning Conunlsslon shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict ettfbrcemeni would cause undue hardsh^ because of circumstances unique to the Individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that due to the hardcover variance approval in 1994, there is justification in allowing a hardcover variance to the approved 43%, however not the requested additional 483 s.f. or 43.8%. The hardships and justifleations established in 1994 including the narrowness of Togo Road and the stormwater plan proposed to alleviate and improve existing drainage patterns, still exists today. Staff would recommend approval of a hardcover variance to permit 43% stipulating City Engineer approval of a grading, drainage and stormwater control plans. This would require the applicant to remove 483 s.f of hardcover somewhere on site. Staff would anticipate that this removal could be easily achieved with minor parking lot revisions. For example, 10* wide spaces are proposed where only 9* wide spaces are required and the applicant is providing 44 spaces where the code only requires 36. Eliminating 3 spaces or revising the spaces to 9* wide could achieve the recommended 483 s.f. reduction.