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--__ - _ _. __ _�� --- -- -- __._ .�'- _��x.- - <br /> ------- - -----_ ----- _ ._.----._ - —,^-- -- . _--- - - <br /> ----- ----� --- — _.__ - -__ _- -- -- - --- .__ - - - - <br /> . _ —09-3411 <br /> , ' 11 August 2009 <br /> � . • Page 4 of 5 <br /> existing and anticipated tra�c conditions, light and air, danger of fire, risk #o the • <br /> public safety, and the effect on values of property in the surrounding area. The <br /> Planning Commission shall consider recommending approval for variances from the , <br /> literal provisions of the Zoning Code in instances where their strict enforcement <br /> would cause undue hardship because of circumstances unique to the individual <br /> .. property under consideration, and shall recommend approval .only when it is <br /> demonstrated that such actions will.be in keeping wifh fhe spirit and intent of the <br /> °Orono Zoning Code, � <br /> Issues for Consideration � - <br /> .. _ _ _ - Conditional Use Permit _ . ._ -^_--- ---___ _._ . . <br /> The fill is necessary to provide a location for the home outside of the floodplain. The . <br /> Planning Commission should discuss the peripheral impacts and potential opportunities as a <br /> result of the floodplain mitigation on the property, i.e. tree and vegetation removal, buffer <br /> strips, etc. � <br /> Variances <br /> Absent the other variances requested, this property would qualify for administrative approval <br /> of the lot width and lot area. ,The precedent has been set regarding approval of the <br /> requested area and width variances. The City routinely grants these types of requests when <br /> no other land is available for acquisition, the lot was legally created prior to adoption of the � <br /> current zoning standards, and a house existed on the lot when the current zoning standards <br /> were adopted. • • � <br /> Will the proposed house be compatible with the surrounding area? • <br /> The adjacent house, 1101 Ferndale Road, is two stories. It was constructed in 1996 to <br /> � replace a single story house. It has a peak height of 32 feet and a defined height of 26 feet. <br /> The proposed house would have a peak height of 38 feet and a defined height of 21 feet. <br /> Please see Exhibit F for a comparison of the proposed home with respect to the neighboring <br /> homes. <br /> � What is the impact of the average lakeshore setback variance on adjacent homes? <br /> While.the proposed home is situated 32 feet further from the lake than the existing home it <br /> still is considerably ahead of the average lakeshore setback line. Also, the proposed home <br /> will be approximately 16 feet taller than the existing home. Exhibit F illustrates the impact of <br /> the average lakeshore setback encroachment on the adjacent homes. Staff suggests the <br /> Commission discuss this continued and different encroachment and its potential negative <br /> �- - - effects on the neighboring properties. - <br /> What are the safety implications of not having the 15 foot setback? <br /> The setback is intended protect the foundation from being undermined during a flood. This <br /> is more of an issue when the floodplain is from a river or stream, where the flood waters - <br /> have the velocity.to cause erosion, rather than from a lake. The exposed lakeshore is <br /> protected by riprap. The building code may require additional measures to protect the <br /> foundation. � <br /> Staff suggests the Commission discuss the size of the house in relation to the request for <br /> the setback variance from the floodplain. Perhaps reducing the footprint slightly would <br /> � eliminate the need for this variance. � � � • <br />