05-16-2005 Planning Commission Packet

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#05-3111 2260 Fox Street , May 12,2005 Pnge 3 - Background Applicant is a car collector and is proposing to construct an accessory building for the storlge and private display of his vehicles. Street Setback Variance. A variance is required because the accessory Uuilding will be nearer the front or street lot line than the principal residence structure. This ordinance is in place to ensure that accessory buildings are located so as to not Ue out of character with a neighborhood. In the current situation, tl�e principal residence and the accessory building are located on a back - loi, an island-of-dry-build�ble latid surraunded by a large wetland complex. The nearest residence with a view of the proposed accessory building is approximately 300 feet directly south, on a north-facing slope overlooking tlle proposed building (see airphoto). Staff has had no coniments to date from that neighbor. Factors that resulted in applicant choosing the proposed location for this building included: - the location of the septic system drainfield sites and a delineated non-Orono wetland in the NE quadrant of the site; - the location of the wetland on the westerly and southerly borders of the site; - the location of the existing driveway for velucle accessibility; - the location of the house near the rear lot line and the pool north of the house; and - the size of the accessory stnichire in excess of 1000 sf requiring it to meet the principal structure setback of 50' from tlie rear lot line, and the lack of available space between the house & driveway and the rear lot line. Oversize Accessory Structure (OAS Variance. The OAS section of the zoning code does not specifically address whether the `lot area' for purposes of establishing the allowed footprint area of accessory buildings, is to include ar exclude wetlands. Therefore, based on the definitioi2 of lot area in the zoning code, wetland is exchided and the non-wetland area within the property, not including the separate outlot driveway conidor, is about 2.7 acres, which would allow an - accessory structure with a footprint of 1,200 s.£ If the total area of the lot and outlot includine wetland is used, the lot at 4.985 acres would allow a 2,000 s.f. footprint. Additionally, the zoning code does not specifically address whether portions of a building that are below grade should be counted as footprint with regards to the OAS ordinance. The buried �ortions are certainly structure from a building code standpoint. The fact that partions are below or mostly below grade helps to limit their visual impacts; however, the impacts of an oversize structure may go beyond ihe visual impacts, and the intent of the ordinance was not only to limit visual impacts Uut to address or limit the uses associated with large structures. Large accessory structures have the potential for uses other than typical residential use. The current owner may use the building ror storing collector cars; the next owner rzzay attempt to run a business from it, which brings up regulatory issues, aud negative neighborhood impacts can result. Staff would conclude tllat tlie Uuried footprint of an accessory building should be considered as part of the foot�rint for piirposes of the OAS ordiiiance. The total Uuried and above ground footprint of the proposed Uuilding as reported by the applicant is 3,310 s.f., with 1,426 s.f. (or about 43%) above ground.