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FILE#07-3262 <br /> � 15 February 2007 <br /> Page 4 of 5 <br /> � Height Variance <br /> Due to the design of the additions and existing home, the applicants are requesting a <br /> height variance. Their lowest level by the City's definition is considered a story, not a <br /> basement; therefore it appears that the plans are for a 3-story home. The City's height . <br /> limit is 2'/z-stories. <br /> Hardship Statement <br /> Applicant has completed tlie Hardship Documentation Form attached as Eahibit B, and <br /> should be asked for additional testimony regarding the application. � <br /> Hardship Analysis <br /> I�r. caisideri�tg applicntio�rs for variance, tl�e Pla�r�ii�rg Conu�zissiorr slrall co�rsitler tlre effect nf tlte <br /> proposed varirt�rce itpo�r ll�e/real�lr,safery arn/ivelfare of tl�e com��iinriry, existi�ig a�rd a�tticipaterl trnffic <br /> • condilions, liglit nrrd air, danger nf frre, risk to the ptcblic snfety, a�rd the effect on vr�lues of properry i�r <br /> llie scrrrounding area. T/ie Planni�rg Canrmission shall ennsirler recommerrtli�rg approval for varia�rces <br /> frar� the literal provisions of tlre Zorrirrg Code i�r inslmices w/rere iheir strict enforce»tent �vouJd cause <br /> �u:tlue harclship because of circu�ristnirces turir�ue lo tlle i�rdividual property unrler consideration, �r�rd <br /> shall recont�lte�rd approva! on/y ►v/re�r it is denro�rstraterl thrrt scrclr �rctions rvrl/ be i�r keepi�rg tivitlr !he � <br /> spirit and i�rtent af the Ororro Zoning Cude, . <br /> The location of the existing home provides a number of challenges; perhaps a better <br /> solution is to build a new home which would meet a minimum of a 50' lake setback, <br /> which is the DNR minimLUn, and a 10' side yard setback fioin the western lot line. That <br /> � � having been said, Staff finds that with respect to the hardcover it may be reasonaUle <br /> (considering the significant amount of the property located in the 0-75' zone) to allow . <br /> some level of variance. Planning Commission should evaluate and determine what levels <br /> are appropriate for each zone. With regard to the existing home, it is located 5' from the <br /> western property line a�id may or may not be an issue with respect io storm water and <br /> surface water drainage; please refer to Tom Kellogg's comments (attached as Exhibit F). <br /> The home on the neighboring lot is approximately 50' from the applicants' home. As a <br /> result the existing neighboring home may not be adversely affccted or overshadowed by <br /> the 2"d stoiy at 5' on the applicants' home. Drainage may still be an issue. The existing <br /> home's location poses quite a philosophical challenge regarding setbacks to the lake and <br /> improvements, however, staff feels that there should be some level of compromise to <br /> accoinplish both the applicants' and City's goals. The lakeside deck is a significant <br /> encroachment into the lalce setbacic; perhaps the applicants could propose some removals <br /> as the deck is structure as well as hardcover in a nonconfoi�ning location. Additionally, <br /> as was discussed above staff feels that although the application does not trigger the <br /> application of the wetland buffer requirement the applicant should be required to <br /> establish some lake and wetland buffer to mitigate both the substandard lake setbacics and <br /> the hardcover levels. <br /> Issues for Consideration <br /> e While the ne�v addition will meet the 10' side setback requirenlent, the Pla�zning <br /> � Commission should discuss the re�ercussions, if any, of allowing a continued side <br /> setback encroachment for the second story. <br /> • Does the Planning Commission feel th�t some levels of vegetative buffer should be <br /> . � <br />