05-21-2007 Planning Commission Packet

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. #07-3280 and#07-3281 April 16,2007 Page 3 of 5 Variances Lot Width and Area: These lots are located in the LR — 1B, One Family Lakeshore Residential District requiring a minimum lot area of 1 acre and 140 feet of width at the shoreline and at the required 75-foot setback. These lots are each 0.33 acre in area and 67 feet in widt�at the 75-foot setback. . Hardcover: 1348 is proposed to have 28.76 percent hardcover in the 75 to 250 zone. This is 347 square feet more than allowed. 1850 is proposed to have 29.00 percent in the 75 to 250 foot zone. This is 365 square feet more than allowed. Building Height: The variances to the 30 foot maximum defined height have been eliminated by dropping the elevation of the garage floors by three feet. The garages will be two feet below street level instead of one foot above.Peak height would be about 28 feet above the street for both houses. The defined building height (measured from existing grade at the front of the house,which is five feet below street level to halfway between the highest ' window and the highest peak) would be 29 feet. The main floor of 1348 would be set a foot below garage level. This would place the lower level about 13.5 feet below street level, 0.5 to 3.5 feet below existing grade. Because the garage floor/main level floor would be more than six feet above existing grade for more than 50 percent of the perimeter,the lower level would not be considered a basement and the house would be three stories. To qualify as a basement the main floor level would have to be dropped another foot. The main floor of 1350 would be at the same level of the garage. This would place the lower level about 12.5 feet below street level, 4.5 feet below existing grade. Because existing grades axe higher on this lot than on 1348,the lower level would be a basement and the house would be two stories. � The Applicant intends to replace the existing steps and structures on the bluffs of the lots with trams. Restoration and stabilization of the slope on 1350 will most likely require a conditional use permit and would be a separate application. Hardship Statement Applicant has completed the IIardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In co�rsidering applicrrtions for varirrnce, the Planning Conrmission s/�a/1 consirler tlie effect of t/ie proposerl vuriance upon t/ee/:ealtle, safety �urd welfare of tlie co�nmui:ity, eaisting and a�:ticipatetl lrrrffic coi:rlitio�rs, light and air, daiiger of fire, risk to t/te public safety, anrl the effect ott vtelues of property in the surrountliiig urea. Tlre Plan�:ing Commission ska![ consi�ler recomntendi�rg t�pprova! for variances fro�n the literal provisions of t/ie Zoning Code in insta�ices w/eere tleeir strict enforcen:e�rt would crruse un�lue lerrrrlsl:ip because of circumstances ufiique to the individual property under co►asiderrrtion, �urd shall recon:meitrl approvtrl only ►U/een it is den:nn.ctraterl t/�at such actio�ts will be i�r keeping wit/r the spirit anr!inteut of t/ie Orono Zo�ring Code.