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Lot Area Variance 06-3229 September 12, 2006 Page 3 of 4 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 C, and should be asked for additional testimony regarding the application. Hardship Analysis /11 considering 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 011 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 approval 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 renew the approval of the lot area variance. This lot should be subject to the same standards 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 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-bedroom primary and alternate sites are available, the septic inspector has the authority to grant approval of the smaller sites. However, the septic sites as designed are for a "type II" residence which limits the structure to two water use appliances, the proposed home will have three water use appliances and as outlined within Willie Gibbs' memo the septic tank capacity should be increased to two-1000 gallon tanks. Finally, 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. Additionally, a "Preserve" wetland borders the entire property at the lakeshore. A "Preserve" wetland requires a 50' vegetative buffer. However, Staff finds that the wetland boundary falls within the OHWL of the lake. As the protection of the shoreland ordinance is further upslope than the protection of the wetland ordinance, the shoreland regulations will apply.