02-22-2005 Planning Commission Packet

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#OS-3086 1145 Sixth Avenue North ' Febru1ry18,2005 P�ge 3 The applicants have provided a detailed hardship statement(Exhibit B). From staff's perspective,an argiunent could be made that a different home design could be created For tliis property that would require no setback variances,although grading witlun the blttff impact zone would Ue required to restore the grades where the existing house would Ue removed. The applicants have refined their design fi•om an initial�lan which would have had maj or gradulg encroaclunents u�order to create a walkout situation,t01 plall WIllCIl has relatively muiunal site gcading,btrt does result u7 the need for a rnunber of retaululg walls,some of which are proposed and others whicl� appear necessary Uut are not shown on the plans. Deck Encroachulent.The proposed 6'deck encroaclmlent results again from the design and size of the house in relation to tlie narrow Uuildable corridor between the iwo bluffs. It appears the main floor ofthe home(elev.994.88)is being kept 6-7'above existing grade surrounding it(984'-988'),in order to retain the ability to have a desirable south-facing lookout/walkout situation. The proposed grad'u1g on the south side,which does uot encroach the 20'top of bluff grading setback,creates a swale Luider the deck to allow roof/deck runoff to dischlrge fitrther west where the slopes are less steep. The top of bhiff is very distuict on the south side of the proposed house. The 6'deck encroaclunent is over an area that is currently a relatively flat driveway apron,wluch has no existuig vegetation.The 6'deck encroachnlent would have little impact on views from the lake nor on the stability of the bluff. Adding some trees aud/or sluubs in the flat area between the bhiffand the lake is an option ifPlarniuig Cormnission llas az1y concems aUout views froni the lake (see Site Photos, Exhibit H). Gara�;e Encroaclmlent.The proposed enero aclul�ents are in part a result of the applicants'intent to not have a hzck-under garage that would be entered fi om the basement. Such a layout would alleviate the driveway slope concerns but would not be as fiuictional for daily living,and would likelynot result in the style or quality of home the applicant desires.Wlule the applicauts have refined their desigu to have the garage floor about 4'below the home's nlain level,the driveway slope still rauges fi om 7%to nearly 10%; the City has no sta�ldard for uldividual driveway slopes,but 10%is generally the upper linut for safe access. Offsetting the garage 28'westward on the site would eliininate the bhiff setback encroacllment,but would also result in a inuch steeper driveway unless the garage is lowered an additional2 feet. Drivewav Location. The existing driveway enters the site from the shared driveway approxunately 4'from the west side lot,theiz angles away fiom the line,to a point about 20'fronl the luie about 100'into the site. The proposed driveway,apparently in order to preseive au existing t7•ee aud to maintain the length needed to limit the driveway slope,is witlun 2 feet ofthe side lot line and 5 feet above existing grade. Tlus leaves an unacceptable slope(ach�ally a severe drop-of fl adj acent to the outside curve aud could be daugerous. Additionally,Orono ordinances do not allow grlde chauges within 5'ofthe lot line,a11d the final grade should not exceed 3:1. Addii�g a retainiiig wall here within 5'of the lot line is not acceptable. If the driveway location does not change fi•om tlus proposal,applicaut will have to obtaul an easement for grading onto the adj oiiui�g property,aud revise the design to elimulate the drop-off. Plaunuig Comnussion has also indicated to staff in the past that variances graiited on the Uasis of`trying to save a tree' shot�ld not be granied,siuce it has been ot�r experience that those trees as often as not end up dead within a year or two and the basis for the variance no longer exists...