09-18-2006 Planning Commission Packet

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' , 06-3229 • September 12,2006 ' Page 3 of 4 Lot Are1 V�ri�nce . The applicanfi wishes to develop this lot with a seasonal cabin. The existing lot area is 3.33 acres with �pproximately 1.1 acres of dry are�. As siated in the background section of this report, a lot area variance reviewed under the cuM•ent standards is proposed as ihe � owner dicin't take advantage of the automatic "record lot" approval given in 1984 when �he current Big Island ordinance was adopted. Hardship Statement Applicant has provided a Hardship Documentation Form in Exllibit C, and should Ue asked for additional testimony regardiilg the application. Hardship An�lysis � In cnnsitlerirtg trpplicntio�ts for i�arinirce, Ore Plaiuri�rg Comnrisslon shn!/co�isirler the effect of flre praposed vr(rirutce upo�t lhe lrea/t/r,safety rrnd welfrrre of 1/re conrnruirity, ��isti�tg«ittl a�tticipnte[!lraffic co�rrlilin�ls,/ig/1t nird air, dairger of fire, risk to t/re public scrfety,and t/1e ejfect nn vn/ires of property in l/1e srrrrotmding area. T/re Plnrr�ring Co��r�nissiarr sha//consider recommending npprnval for vari�ulces frnm!/re/itern/provisinns of Nre Zoning Corle in instnnces w/rere t/reir strict eirforcenrenl woulrl cause urrrine hnr�/s/lip beca�ise nf circtnnslances utrique lo Jlre iltdi>>idua/property uirrler cn�isider�rtian, and • s/ra!/recanmeur/«pprova/only ivhen it is rlemo�rsJrated!ha!suclr actions�vi//be In keeping wit/r Nre spirit and l�rte�rl of Ilte Orniro Zoning Code. . Staff finds that the hardship exists to renew the approval of t11e 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 �pprova} 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 � �illowed to be developed under specific criteria(being the Zoning Ordinance). T�owever, 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 structLUe to iwo water use appliances, the proposed home will have three waier use appliances and as outlined within Willie Gibbs' memo the septic tank capacity should be increased to two-1000 gallon tanlcs. rinally, the Plaruiing Commission may wani to discuss the issue of approving lot area vlriances when 5-bedroom sites cannot be constructed, and if Big Island shoiild Ue held to a different standard than the rest of the City. Additionally, a "Preserve" wetland borders fihe entire propei�ty at the lakeshore. A "Preserve" wefiland requires a 50' vegetative buffer. However, Staff finds ih�t tlle wetland boundary falls within the OHWL of the lake. As the protection of the shoreland orclinance is further upslope than filie protection of the wetland ordinance, the shoreland regulations will apply.