05-19-2008 Planning Commission Packet

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� ;rtt FILE 08-3367 May 19,2004 Page 3 of 4 same size as the existing shed). It would house the stairway from the garage down to the main level,the steps from the main level down to the garage basement, and the stairs from the upper level of the existing house to the level above the garage. It would also link the existing front door with the new front door in the southwest wall of the house. Measuring from the highest e�cisting grade adjacent to the proposed garage,the.house would have a peak height.of just less than 29 feet and a defined height of about 26 feet. However, because the garage floor would be more than 6 feet above existing grade for nearly the entire perimeter,the basement under the garage would be considered a story, giving the house three stories. Measured from the street the peak height would be�about 24 feet. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis � In considering applications for variance, tl:e Planning Commission shall consider the effect of tl:e proposed • � variance-upon tlie/:ealt/e, safety and welfare of t/:e community, existing and anticipated traffic conditions, Iig/it and air, danger of fire, risk to t/ie public safety, and t/:e effect on values of property in t/ie surrounding area. Tl:e Planning Commission sl:all consider recommending approval for variances from t/ee literal provisions of tl:e Zo�:ing Code in instances wltere t/:eir strict enforcement would cause undue I:ardsl:ip because of circumstances unique to tlre individual property under consideration, and sl:all recommend , approval only wl:en it is demonstrated t/iat suc/i actions will be in keeping wit/t t/:e spirit and intent of t/ie Orono Zoning Code. � Issues for Consideration � Are the issues with the grading plan solvable? The City Engineer indicates the�concept of routing the road drainage along the west property line is workable. It appears the adjacent property does not have the swale that was part of its approved grading plan. There was an eight inch and a four inch drain tile under the swale. These drain tile have been plugged or � removed so the applicants property receives all the road drainage. Staff is trying to determine the status of the drain tile. , � Is the proposed level of str•uctural coverage necessary? The Commission should consider if the size of the garage and entry/stair addition can be reduced. Can hardcover be reduced? The Commission should consider if the driveway chould be narrower than proposed. The minimum width is 16 feet at the garage door and 8 feet at the street. Reducing the driveway to 16 feet wide would reduce hardcover by about 1 percent. ` Can the vaYiance for the number of stories be eliminated? For the garage basement to not be considered a story the garage floor would have to be lowered about three feet. To stop water � from running down the driveway into the garage there would need to be a low point in the driveway lower than the garage floor, making the grade of the driveway exceed the usual maximum of 10 percent." Removing either the basement or the level above the garage would eliminate the variance. If the basement were removed by filling the area under the garage there would be no difference in the mass of the structure. While it may seem the essence of • common sense to grant this variance, it could create a unwanted precedent.