08-18-2025 - Agenda Packet Planning Commission - PC packet

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FILE # LA25-000024 18 August 2025 Page 3 of 6 Applicable Regulations: Lot Area and Lot Width Variances (Chapter 6.12 Section 1550) Zoning Code Section 6.12.320 provides options for the redevelopment of lots that do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District may be redeveloped without variances from lot size and width requirements if the following standards are met: 1. All setback requirements can be met. 2. The lot is connected to a public sewer, and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter, and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant’s request for additional variances results in the property’s inability to conform to all of the standards above. Therefore, lot area and lot width variances are also required to redevelop the property. The ability to develop the property in a manner consistent with other developed properties in the neighborhood would be limited if the lot width and lot area variances are not granted. 75-foot Lake Setback and Average Lakeshore Setback Variances (Chapter 6.12 Section 6240) Although there is an improvement, the applicant’s plan results in continued encroachments into the lake and average lakeshore setback areas. Rear Yard Setback Variance (Chapter 6.12 Section 1550) An approximate 3 square foot triangle of the garage footprint encroaches 1 foot into the required 30-foot rear yard setback. The lot is slightly pie-shaped as it is narrower at the lake than at the road. Hardcover Variance (Chapter 6.12 Sections 9110 & 9210) With redevelopment, the applicants are proposing to reduce the total site hardcover amount by 34 square feet or by 0.43% (31.99% to 31.56%). A hardcover reduction of 232 square feet is proposed within the 75-foot setback. Conditional Use Permit relating to elevating the home on fill (Chapter 6.12 Section 5040) Wherever floodplain filling is proposed, DNR and MCWD regulations require the floodplain to be expanded elsewhere so there is no decrease in flood storage capacity. The home is proposed to be elevated on fill to ensure that the floodplain regulations are met and positive drainage can be achieved. The City’s floodplain regulations require a rescue bench around all buildings proposed to be elevated above the floodplain on fill. The fill material must continue around the perimeter of the building to create a 15-foot “rescue bench” at the 931.5’ elevation. The subject property is not wide enough to comply with the 15-foot perimeter fill requirement. The Code requires a conditional use permit to formally address any departure from the fill bench requirement. Where lot size constraints prevent the fill elevation from extending 15 feet beyond the structure, a reduction in the fill extension may be allowed for lots less than 65 feet wide, provided the lot was established before October 26, 1978. The City Engineer will review the proposed grades with the formal Building Permit application to ensure the grading does not adversely impact neighboring properties. Governing Regulation: Variance (Section 6.12.530) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety, and welfare of the community, 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 practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include, but are not limited to, inadequate access to direct sunlight for solar 11