02-19-2008 Planning Commission Packet

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�, � FILE 07-3330 ' February 29,2008 Page 2 of 3 The landing at the bottom of the stairs extends into the adjacent property. The Applicants propose to leave the existing stairways and bottom landings in place and construct a new above grade stairway over the top of the stairs. To meet code the stairs will be less steep than the existing stairs. To fit in the additional steps the stairs are proposed to wind around the existing landings at the bottom of the stairs. Setback and Hardcover Variances The code requires a 10 foot setback from a side property line for accessory struotures. Most of the proposed stairs would be within this setback. . Within the 0 to 75 foot zone the Code allows a four foot wide stairway with 32 squaxe foot landings. The stairway will be four feet wide but two of the landings will be 36 square feet. " A third will be 64 square feet. The upper portion of the bottom landing would be reta.ined. It is about 80 square feet. Hardship Statement Applicant has completed the Hardship Documenta.tion Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, t/ie Planning Commission sl:all consider t/:e effect of theproposed variance upon t/:e healt/:, safety and welfare of the community, existing and anticipated traffic conditions, ligl:t and air,danger of fire, risk to tlie public safety,and tl:e effect on values of property in tl:e surrounding � area. Tlie Planning Commission sl:all consider recommending approval for variances from the literal provisions of t/ie Zoning Code in instances wltere tl:eir strict enforcement would cause undue liardsliip because of circumstm:ces unique to tl:e individual property under consideration, and sliall recommend approval only when it is demonstrated t/:at suclt actio�:s will be in keeping wit/: t1:e spirit and intent of the Orono Zoning Code. Issues for Consideration Could the stairs be placed in a conformin� location? If the stairs were relocated the existing stairs would need to be removed. This would leave a steep slope to stabilized and revegetated. The lakeshore yard slopes toward the top of the stairs. Because they are cut into the slope a chute would be created that would accelerate runoff and be difficult to maintain. Can the amount of hardcover be reduced? Staff's first thought was that more of the stairs could be placed within the area of the landing at the bottom of the existing stairs. This � proved to be possible only if the steps to the lake are relocated and a tree removed. But all of the upper bottom landing can be removed as well as the rear half of the lower bottom landing can be removed. Because it is flat it can be more easily revegetated than the slope. These plantings would also screen the retaining wall. Will the construction disturb the adjacent propert�If anything is done with the steps there is the potential for impacting the adjacent property. The Applicants will need an agreement with that property owner to address this issue and other that may arise during construction.