08-18-2008 Planning Commission Packet

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t � . t . , , � 08-3370 August l8,2008 Page 3 of 4 Hardcover Variance ' Hardcover is proposed to be 7,489 square feet in the 75 to 250 foot zone. This is 1,148 square feet more than the allowed 25 percent. (The original proposal was 2,399 square feet more than the allowed 25 percent.) _ Pool Setback Variances The pool basin is proposed to be placed 7 feet from the house and 13.8 feet from the unimproved street to the south of the property. The required setbacks are 10 feet and 15 feet. The 10 feet structure-to-pool setback is necessary to avoid the potential for people jumping from the roof�to the pool and is virtually never varied. 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 has � provided a supplement to it, plus a drawing of a "conforming" house layout that would conflict with tlie sewer, and should be asked for additional testimony regarding the application. � Hardship Analysis In considering applications for variance, tl:e Planning Commission s/iall consider t/ie effect of t/te proposed variance upon tlte l:ea[tlt, safety and we[fare of tlie community, existing and anticipated iraffrc eonditions, ligltt and air, da�zger of fire, risk to t/te public safety,and t/ee effect on values o.f'property in tlre surroundi�:g � area. T/te Planning Conimission sltall consider recommending approval for varim:ces from t1:e litera! provisions of tlee Zoning Code in instances wltere tlteir strict enforce»:ent would cause undue /tards/iip because of circumstances unique to tl:e individual property under cons�deration, arid s/eall recommend approval only w/ten it is demonstrated t/tat suc/: actions will be in keeping witl: t/ie spirit and intent of t/te Orono Zoning Code. 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 5,070 square feet for a house and garage,patio,pool, etc. 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 . constxucted 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 properly 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.