11-22-2004 Council Packet - Laserfiche WebLink

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#04-3057 November IS, 2004 Pc?e3 of 4 Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 82,000 s.f.0 s.f (0%) Os.f (0%) Os.f (0%) 75-250 63,000 s.f.15,750 s.f. (25%) Os.f.* (0%) 1,200 s.f. (2%) After exclusion of fabric or plastic-lined landscape beds Lot Area Variance .... The applicant wishes to develop this lot with a seasonal cabin. The existing lot area is 3.33 acres with approximately 1.1 acres of dry area. As stated in the background section of this report, a lot area variance reviewed under the current standards is proposed as the owner didn’t take advantage of the automatic “record lot ” approval given in 1984 when the current Big Island ordinance was adopted. Hardship Statement Applicant has provided a Hardship Documentation Form in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis III considering applications/or variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the coniinunity, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on vriues of property In the surrounding area. The Planning Conunisslon shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instaifces where their strict enforcement would cause undue hardship because of circumstances unique to the Individual properly under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keepine with the spirit and Intent of the Orono Zoning Code. Staff finds that the hardship exists to approve the requesting lot area variance. Tliis lot should be subject to the same standards of which all other lots of substandard size in Orono are held to: If setback, hardcover, lot coverage and septic requirements can be met then approval shall be granted. The Platming Commission and Council have consistently approved lot area variances stating that the lot was legally created and therefore should be allowed to be developed under specific criteria (being the Zoning Ordinance). However, the City Code requires that 5-bedroom septic sites be required for all new development and the Code does not distinguish a different standard for lots on Big Island. Because only 3-bedroom primary and alternate sites are available, the septic inspector has the authority, and has exercised his authority in this case, to grant appro /al of the smaller sites. The Planning Commission may want to discuss the issue of approving lot area variances when 5-bedroom sites cannot be constructed, and if Big Island should be held to a different standard than the rest of the City. Lastly, wetland within this property almost directly follows the shoreline. It is unknown exactly how much wetland exists landward of the 929.4 ’ elevation or lakeward of the 929.4 ’ elevation. Because of the amount of wetland and its proximity to the shoreline, it