11-15-2004 Planning Packet - Laserfiche WebLink

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•04-3057 No>cmb«r IS. 2004 Ptt*3or4 Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 82,000 s.f.Os.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 i 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 Dig Island ordinance was adopted. Hardship Statement Applicant has provided a Hardship Documentation Fonn in l:.xhibit B, and should be asked for additional testimony regarding the application. Hardship Aaahsis _____________________________________________ /• contUeriHg appUcMtJoH$ Jot variance, the Planning ContmHihm 3kall consUke the effect of the proposed variance upon the health, safety and welfare of the eommnnlty, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approtal 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 the hardship exists to approve the rcque.sting lot area variance. This lot should be subject to the same standards of which all other lots of substandard si/e in Orono arc held to: If setback, hardcover, lot coverage and septic requirements can be met then approval shall be granted. The Planning 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-bcdroom primary and alternate sites are available, the septic inspector has the authority, and has exercised his authority in this case, to grant approval of the smaller sites. The Planning Commission may want to discuss the issue of approving lot area variances when S-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 ’ elev'ation or lakew*ard of the 929.4* elev ation. Because of the amount of wetland and its proximity to the shoreline, it