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� � <br /> 309-3395 <br /> May 18,2009 <br /> Page 4 of 6 <br /> Conditional Use Permit <br /> City regulations require the garage floor to be elevated to 932.5. Minnehaha Creek <br /> Watershed district(MCWD)regulations require it to be elevated an additional foot,to 933.5. <br /> The driveway must be elevated also. Since the driveway area to be filled is within the <br /> floodplain,MCWD regulations require the floodplain be expanded elsewhere so there is no <br /> decrease in flood capacity. Since the.earthwork will take place within the 0 to 75 foot zone <br /> and exceeds 10 cubic yards a conditional use permit is required. , . <br /> Hardship Analysis <br /> � In considering applications for variance, tl:e Planning Commission s1:a11 consider the effect of the proposed <br /> variance upon the l:ealth, safety and welfare of the community, existing and anticipated traffic conditions, <br /> Iigltf and air, danger of fire, risk to tlze pub[ic safety, and tl:e effect on values of property in tl:e surrounding <br /> area. Tl:e Planning Commission shall consider recommending approval for variances from tl:e literal <br /> • provisions of the Zoning Code in instances where their strict enforcement would cause undue hardsl:ip <br /> because of circumstances unique to tl:e individual property under consideration, and s1:a11 recommend <br /> approval on[y wl:en it is demonstrated tl:at suclt actions will be in keeping witlT tl:e spirit and intent of the <br /> Orono Zoning Cod� <br /> Issues for Consideration <br /> Conditional Use Permit <br /> The fill is necessary to provide access to the gaxage. This would be required even if the <br /> house was being replaced in-kind. Most if not a11 of the trees north of the house would be <br /> removed. A tree replacement plan should be required before council consideration. <br /> Floodplain regulations require the elevation of the driveway be no lower than one foot below <br /> the flood elevation or 930.5 Part of the existing driveway is below this elevation and must <br /> be filled. Less than five inches of fill will be required but it should be included in the <br /> MCWD application. <br /> Variances � � <br /> The precedent has been set regarding approval of the requested area and width variances. <br /> The City routinely grants these types of requests when no other land is available for <br /> acquisition, the lot was legally created prior to adoption of the current zoning standards, and <br /> a house existed on the lot when the current zoning standards were adopted. <br /> Will the proposed house be compatible with the surrounding area? The adjacent house, 1101 <br /> Ferndale Road, is two stories. It was constructed in 1996 to replace a single story house. It <br /> has a peak height of 32 feet and a defined height of 26 feet. The proposed house would have <br /> a peak height of feet 32.6 and a defined height of 26.1 feet. The house on fihe other side of <br /> 1101 is a single-story but will probably be replaced in the near future as it has flood plain <br /> issues similar to this property. The proposed house would have shake siding with stone trim <br /> on the road side.No colors are specified. <br /> What would the impact of the side setback variance be? This property and 1101 appear to <br /> have once been one parcel. The original lot line between the houses was a straight line. It <br /> was rearranged to its current odd configuration, apparently to accommodate a chimney on <br /> 1101 (now gone) and a canopy on 1105. The houses would be about 13 feet apart. The <br /> setback from the property line for 1005 varies from 5 feet to 13 feet. The area on the second <br />