06-21-2010 Planning Commission Packet

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� t 10-3475 14 June 2010 � . Page 2 of 2 The applicant has requested variances to allow homes to be constructed on proposed Lot 1 and Lot 2 up to the 75-foot setback. It is the applicant's intent that Lot 3 will conform to an average lakeshore setback line between proposed Lot 2 and the adjacent home at 2865 Little Orchard Way. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effecf 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 fhe public safety, and the effecf on values of property in fhe 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 circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Based on the location of the two adjacent homes, the permitted location of a home on proposed Lot 1 would be nearly 600 feet from the lakeshore. This location would likely have no lake views, and would potentially impact septic treatment areas. The applicanYs illustration (Exhibit E) provides an analysis of potential building sites on Lot 1 in relation to the topography. It appears that a home on proposed Lot 1, located between 75 and 300 feet from the OHWL, would allow the site's natural drainage-way to remain rather than altering the grade, removing numerous trees and moving considerable amounts of earth to push the home farther from the lake. The shoreline curves slightly; none of the proposed lots would appear to impact views of the lake from the other. Proposed Lot 3 would maintain the average lakeshore setback as determined by the home on the adjacent lot on Little Orchard Way and proposed Lot 2. Due to . the large lot sizes, orientation of the lots in relation to each other and the lots' orientation to the lakeshore, the applicant's request to allow homes to be constructed up to the 75-foot setback on proposed Lot 1 and Lot 2 may be reasonable. Placing homes in the applicant's suggested locations do not appear to negatively impact the lake views as enjoyed from adjacent homes. The properties are over 4 acres in area, heavily wooded and there are no anticipated drainage issues with future development of the lots. The Planning Commission should discuss the merits • of granting variances for these lots without plans for new homes. - Staff Recommendation • Staff recommends approval of the average setback variances for proposed Lot 1 and Lot 2 to allow construction of new homes up to the 75-foot setback if the planning commission deems it appropriate.