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12-13-2004 Council Packet
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12-13-2004 Council Packet
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FILE #04-3052 <br />September "3. 2004 <br />Page 4 of 5 <br />Side Street Setback Variance <br />Bordering the applicant ’s property to the north is an undeveloped public right-of-way. <br />The applicant ’s property is approximately 80’ in width. Allowing for a 10’ setback on <br />the south and a 15’ side street setback on the north leaves a 55 ’ wide buildable area. A <br />reasonable home can be constructed within this width. The City Engineer ’s comments <br />address the issue of house size relating to drainage. It is the Engineer s thought that the <br />size of the home as proposed will need to be scaled back to allow for appropriate grading <br />between the lots in order to avoid directing drainage onto neighboring propenies. The <br />applicant ’s proposal brings about some challenging drainage issues for this property. <br />Hardcover Variance <br />The applicant is proposing 57.9% hardcover. The existing residence and hardcover are <br />just above the allowed limit for the 75 ’ - 250 ’ setback zone at 26.4%. The existing home <br />has an approximate footprint of 1,184 s.f.. The applicant is proposing a 3,002 s.f. <br />footprint to essentially “max out’’ the 15% structural coverage amount based on the total <br />dry land area. The total property area is 20,561 s.f.; however this includes an <br />approximate 4,000 s.f. portion separated from the building site by an inlet of Carman <br />Bay. The contiguous land area is approximately 16,400 s.f. The applicant is basing the <br />stnactural coverage amount on the total non-contiguous parcel above the 929.4 ’ elevation. <br />Neither the lot coverage ordinance nor the Zoning Code definition of “lot area” clarify <br />whether the lot coverage percentage should be based on contiguous area. The <br />Subdivision Code definition of “minimum lot area” (Cite 82-2) would disallow non <br />contiguous land as creditable toward lot area. <br />The property to the south (2648 Casco Point Road) is similar in that it also contains a <br />noncontiguous “island ” of land. In 1985, an approximately 3000 s.f home was <br />constructed at 2648 Casco Point Road which, based on the contiguous area of this lot, is <br />10% lot coverage and 21% hardcover. This lot is considerably larger than the applicant ’s <br />property. However, the applicant ’s property is only slightly substandard in area and <br />width. <br />The 15% lot coverage amount is a limit, not an allowa. ce. On lakesbore properties the <br />limiting factor very often is the hardcover percentage, not the structural -overage amount. <br />A similar sized lot, Loffler, 1690 Shadywood Road, Application #04-3009, was 80’-83’ <br />in width and 0.39 acre and was limited to 33% 75 ’ - 250 ’ hardcover (the hardships <br />included being on a busy County Road and needing a backup apron; the non-optimal lot <br />shape; and the inability to move the house nearer the road due to negative impacts on lake <br />views due to the location of adjacent homes near the shore). That house was reduced to <br />14.7% lot coverage in order to make the hardcover work at 33%. <br />For the applicant ’s proposal, a 3,002 s.f footprint, 1,225 s.f of driveway, and 215 s.f of <br />sidewalk make up the 57.9% proposed hardcover. There arc no patios proposed and only <br />one 18’ X 11’ deck on the lakeside of the home. The driveway and sidewalks as proposed <br />seem excessive at 31’ and 8’ widths respectively. The curb cut of the driveway is not <br />permitted at greater than 20 ’ at the street. The driveway as proposed would need to be <br />reduced at the curb, and would need to be substantially reduced ONcrall to bring the
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