06-13-2005 Council Packet - Laserfiche WebLink

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#05-3111 2200 Pox Sli eel May 12,2005 Page 3 Background Applicant is a car collector and is proposing to construct an ar ssory building for the storage and private display of his vehicles. Street Setback Variance. A variance is required because the accessory building will be nearer the front or street lot line than the principal residence structure. This ordinance is in place to ensure that accessory buildings are located so as to not be out of character with a neighborhood. In the current situation, the principal residence and the accessory building are located on a back lot, an island of dry buildable lanu surrounded by a large wetland complex. The nearest residence with a view of the proposed accessory building is approximately 300 feet directly south, on a north-facing slope overlooking the proposed building (see airphoto). Staff has had no comments to date from that neighbor. Factors that resulted in iq^licant choosing the proposed location for this building included: - the location of the septic system drainfield sites and a delineated non-Orono wetland in the NE quadrant of the site; - the location of tlie wetland on the westerly and southerly borders of the site; - the location of the existing driveway for vehicle accessibility; - the location of the house near the rear lot line and the pool north of the house; and “ the size of the accessory structure in excess of 1000 sf requiring it to meet the principal structure setback of 50’ from the rear lot line, and the lack of available space between the house & driveway and the rear lot line. Overeize Accessory Structure fOASl Variance. The OAS section of the zoning code does not specifically address whether the ‘lot area’ for purposes of establisliing the allowed footprint area of accessory buildings, is to include or exclude wetlands. Therefore, based on the definition of lot area in the zoning code, wetland is excluded and the non-wetland area within the property, not including the separate outlet driveway corridor, is about 2.7 acres, which would allow an accessoiy structure with a footprint of 1,200 s.f. If the total area of the lot and outlet including wetland is used, the lot at 4.985 acres would allow a 2,000 s.f footprint. Additionally, the zoning code does not specifically address whether portions of a building thor are below grade should be counted as footprint with regards to the OAS ordinance. The buried portions are certainly structure from a building code standpoint The fact that portions are below or mostly below grule helps to limit their visual impacts; however, the impacts of an oversize s^cture may go beyond the visual impacts, and the intent of the ordinance was not only to limit visual impacts but to address or limit the yss associated with large structures. Large accessory structures have the potential for uses other than typical residential use. The current owner may use the building for storing collector cars; the next owner may attempt to run a business from it, which brings up regulatory issues, and negative neighborhood impacts can result. Staff would conclude that the buried footprint of an accessory building should be considered as part of the footprint for purposes of the OAS ordinance. The total buried and above ground footprint of the proposed building as reported by the applicant is 3,310 s.f., with 1,426 s.f. (or about 43%) above ground. A