06-27-2005 Council Packet - Laserfiche WebLink

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^OS-3125 Junt20,2003 Page 3 of4 Hardcover Calcabtions Hardcover Zone 500- 1 Total Area In Zone 10,350 s.f. Allowed Hardcover 3,622.5 s.f. (35%) Existing Hardcover 2,686 s.f.* (26®/^ Proposed Hardcover 2,762 s.f. (27«/o) Side Street Setback Variance The applicant has requested approval of a side street setback variance to permit construction of a staircase, which would access the proposed accessory oHlce. This request consists of an encroachment of an additional 2.5 ’ on the required yard where 24’ currently exists, 35’ is normally required, and 24’ was iq>proved in 2004 for the addition. Because the staircase leads to the second story it becomes structural and must meet the required building setbacks, therefore requiring variance approval. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the triplication. Hardship Analysfa At eomUerlitt apptlaithms for vmrUmee, the Phuinlng CommitshH skoll consider the effect of the propo sed vorhmee upon the heolth, sofety end welfare 0/ the community, existing and antlclpoted Irpffle conditions, l^tondolr, dongeroffbe, risk to the pnhilc sofety, end the effect on values of property ht the sorroonMig area. The Mooning ComnUssloH shall consider recommending opproval fee vorlaneet fiom the Uteral provIsloHS ofriu Zoning Code In Instances where their stria enforce ment wooU canse nndne hardship beeanse of circnmsiances uniqne to the Individual property under considerodon, and shall recommend ttyproval only when It Is demonstrated that such actions adtt he In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds there is no real hardship inherent to the land to allow a iWther encroachment on the side street of Lyric Avenue. Staff feels that the existing construction plans could be revised to allow for an interior access. Another alternative is to incorporate a door on the northern side of the addition, at the main level, where the Zoning Ordinance would permit a stoop as a non-encroachment. Both of these alternatives would address the iqiplicant’s neml of wanting to access a private office without going through the coffee shop area. In addition to not having a hardship, the proposed staircase would have negative visual impacts. ConditfcMial Use Permit Analysb The B - 1, Retail Sales Business District is catered towards uses providing goods or services specifically to the residents of the neighborhood. While offices of a general nature do not fit into this category, they are permitted as a conditional use due to the low impact this type of use creates. Section 78-916 establishes the following findings under which the Planning Commission may recommend approval of a conditional use permit: Sec. 78-916. Granting of permit. (a) The plaiming commission may recommend and the council may grant a ccHiditional use permit as the use permit was applied for or in modified form, if on the