07-21-2008 Planning Commission Packet

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i . , , FILE 08-3370 July 21,2008 Page 3 of 3 Conditional Use Permit The applicants propose to remove a substantial ice ridge on the property and create swales along the property lines. This will improve drainage and compensate for the fill that would be necessary for the new house. With a permit from the Minnehaha Creek Watershed � District fill may be placed in the floodplain as long as the flood storage capacity of the property is maintained. - 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, tlie Planning Commission sliall consider tl:e effect of il:e proposed variance upon tlie Icea[tle, safety and welfare of tlie co�nmunity, existing and anticipated traffic conditions, lig/:t and air, danger of fire, risk to t/ie public safety, and t/ee effect on values of property in t/te surrounding area. TI:e Planning Commission slial! consider recommending approval for variances from t/:e [iteral provisions of tlee Zoning Code i�: instances wleere tlteir strict enforcement would cause undue l:ardsl:ip because of circumstances u�:ique to the iudividua!property under consideration, and sliall recommend approval only w/:en it is demonstrated iltat sucle actions will be in keeping witli t/ie spirit and intent of t/ie Orono Zoning Cod� Issues for Consideration Can reasonable use be made of the property without a variance? Subtracting the hardcover �� proposed for the driveway from the allowed hardcover in the 75 to 250 foot zone leaves 4,647 square feet for a house and garage,patio,pool, etc. Although the application mentions the need for an accessible residence, based on the floor plan,the proposed house would not be accessible. Even if it were an accessible design, it would be possible to build a one-bedroom accessible house that would comply with the hardcover regulations. Accessibility car�also be provided by an elevator, which is not uncommon in larger houses. Is there anything about the property that creates a need for the variance? The property is in excess of the width and area minimums for the zoning district. The property at 1725 ' Concordia is similarly sized. It also has a sewer line at a similar location. A new house was constructed on the property in 2002 without a hardcover variance. Will the proposed grading within the 0 to 75 foot zone have an adverse impact on adjacent properties? The removal of the ice ridge and the swale along the north property line will improve drainage of a low area on the landward side of the house on the property to the north. The fill for the house will raise the grade less than two feet. The grade adjacent to the proposed house would be about the same level as the grade adjacent to the house to the south. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends the variance not be granted as it would not constitute a hardship to redevelop the property without the variance. Staff recommends the conditional use permit be granted if the site plan is revised to eliminate the haxdcover variance.