09-21-2009 Planning Commission Packet

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�� 09-3411 17 September 2009 Page 3 of 4 Variances Lot Area: Excluding the area below the OHW of Lake Minnetonka the lot is 55,410 s.f. or 1.27 acres when the zoning district requires two acres. Lot Width:The property has a defined lot width of 176' at the OHWL and 174' at the 75' setback. The zoning district requires 200 feet of width. Lake Setback: The house would be set back at least 40 feet from the lake when the � shoreland regulations require a 75 foot setback from the lake. This is an improvement from the previous plan where portions of the home were as close as 12 feet to the lake. Average Lakeshore Setback: The proposed home is shown in location which improves the average lakeshore setback encroachment by 39 feet for the property to the west (1101 Ferndale V1n and slightly improves the encroachment for the property to the east (1065 Ferndale V1n. However the home still encroaches up to 35 feet into the average lakeshore setback and will be taller than the current home. The applicant has improved the encroachment into the average setback for the home to the west since the last proposal. Hardcover.� Hardcover in the 0 to 75 foot zone is proposed to be 16.2% reduced significantly from the previously proposed 24.4%, and from the existing level of 27.6%. The proposed hardcover within the 75'-250' zone is proposed at 18.15%, a slight increase from the previous proposal resulting in moving the home away from the lake. In addition to the proposed home and a revised 522 square foot patio, there is a stone border and a wooden wall along the lake which are currently proposed to remain. Conditional Use Permit Since the home area to be filled is within the floodplain, MCWD regulations require the floodplain be expanded elsewhere so there is no decrease in total flood capacity. Since the earthwork will take place within the 0 to 75 foot zone and exceeds 10 cubic yards a conditional use permit is required. Hardship Analysis !n considering applications for variance, fhe Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, ' existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and fhe efifect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumsfances unique to the individual property under consideration, and sha/l recommend approval only when it is demonstrated that such actions will be in keeping with fhe spirit and infent of the Orono Zoning Code. Issues for Consideration Conditional Use Permit The fill is necessary to provide a location for the home outside of the floodplain. The Planning Commission should discuss the peripheral impacts and potential opportunities as a result of the floodplain mitigation on the property, i.e. tree and vegetation removal, buffer strips, etc.