10-15-2007 Planning Commission Packet

Home Browse Search

i c y ' ' #07-3317 . 11 October 2007 Page 3 of 4 Hardcover Variances During the inspection process, Bruce Vang, Orono's building inspector noted that the site grading and hardcover did not match the approved grading plan and the hardcover exceeded approved levels. Additionally�the applicant conducted grading within the 0-75' zone to construct an unpermitted lake access stair. Today's as-built plan reflects excessell in hardcover within the 0-75', 75' -250', and 250';-500' zones. Within the 0-75' zon�e where an allowed, existing wooden staircase � (270 s.f. of allowed hardcover) previously existed there is 360 s.f. or 6.8% hardcover and . an uncalculated amount of earth move'ment. Within the 75' — 250' zone there is 2,857 s.f. or 30.3% hardcover where 2,563 s.f.lor 27.2% was permitted. The applicant altered the approved gr��ding plan by conducting unpermitted grading, installing unpermitted boulder retaining �walls and installing an unpermitted underground, drain-tile system. The City's Engineer has reviewed the plans submitted after-the-fact by the applicant's landscape contractor regarding the drain-tile system. Per the conditions of the Resolution, staff is asking the Planning Commission to determine whether the increases in hardcover are the result of unforeseen grading issues and are still in keeping with the;�intent of the variance approval or if corrections and hardcover reductions should be made. The existing hardcover and grading is reflected on the newly submitted as-built (attached as Exhibit A). While the grading appears to work, the hardcover exceeds the level that was approved. The additions in hardcover are essentially changes to th�e driveway, and sidewalk, as well as extensive boulder retaining walls which were not o iginally proposed, but may Have been the result of incomplete site survey and a grading'�plan which couldn't be achieved or choices with site grading without understanding the ralmifications of those choices. The applicant has installed downspouts which drain to the underground, drain-tile system which prevents�the excess water�from draining off of the roof and across the site. However any proposed excesses in hardcover or significant changes to an approved plan should first be discussed with the�Planning Department and consideration should be given to City Council approved plans j It should be noted that the previous approvals reflected hardcover of s. . or 5.2% in the 0-75' zone. This hardcover consisted of a stairway access to the lake and was permitted hardcover. A hardcover variance for the 0-75' zone was not required at that time. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. IIHardship Analysis i ' ln considering applications for variance, the Planning Commission shall consider fhe effect of the proposed variance upon the health, safety and welfare of fiie community, existing and anticipated tra�c condifions, light and air, danger of fire� risk to the public safefy, and the effecf on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from fhe literal provisions of the Zoning Code in insfances where their strict enforcement would cause undue hardshlp �because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated fhat such acfions will be in keeping wifh tire spirif and intent of the Orono Zoning Code.