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► � ' . <br /> t <br /> � _� <br /> #10-3471 <br /> July 19,2010 <br /> Page 3 of 8 <br /> Surroundin Uses: Across Shadywood Road is vacant land that is zoned B-4. It is owned by the <br /> Freshwater Institute and expected to be used for building expansion. To the southeast is 2665 <br /> Shadywood Road, which is zoned B-4. It is occupied by a small office building attached to a <br /> house. Continuing toward Kelly Avenue along the southeast properly line there are a two-family <br /> dwelling, and two single-family dwellings. Across Kelly Avenue from the property are three <br /> single-family dwellings. Along the northwest property line are 2560 Kelly Avenue, a single- <br /> family dwelling and 2477 Shadywood Road, which is occupied by a building used for a church <br /> and offices. All the residences are zoned LR-1B. 2477 Shadywood Road is zoned B-4. <br /> Conditional Use Permit - <br /> In the B-4 zoning district assisted living facilities such as nursing homes, rest homes or <br /> retirement homes are allowed by conditional use permit. The Project Narrative more fully <br /> describes the proposed use. <br /> Site Plan Review <br /> A site plan review is required for all new non-residential buildings in Orono. This site plan <br /> review is for the entire site except the future building. Everything from the street back to the rear <br /> of the parking area would be constructed or installed with the proposed building except for the <br /> fire department access between the buildings. The rear filtration basins would also be <br /> constructed. The wetlands on the site were more extensive than originally thought. The Project <br /> Narrative expla.ins the site plan and buildings. The supplemental Project Narrative explains the <br /> changes made to the buildings and site plan to accommodate the additional wetland area. Exhibit <br /> D—Site Plan and the phase one grading plan that is part of Exhibit I- Civil Plans reflect these <br /> revisions. Because the City Engineer's comments and site plan changes will not require changes . <br /> of significance to the Civil Plans or the appearance of the building, Staff allowed the applicant to <br /> not make changes in these plans until after the Planning Commission review. This will allow the <br /> City Engineer's comments and any Planning Commission recommendations to be addressed at <br /> the same time. <br /> Before other site plan criteria are considered a site plan application must be in compliance with <br /> the zoning code unless a variance has been granted. The summary of code compliance for the <br /> site plan is attached as Exhibit K. <br /> Variance <br /> A variance is proposed to place the building 25 feet from a portion of the northwesterly property <br /> line where the adjacent property is zoned B-4. Assisted living in the B-4 district requires a 35 <br /> foot setback from a11 property lines. Churches, which are also a conditional use in the B-4 <br /> district, are required to have 50 foot setbacks. Other B-4 conditional uses have the same setbacks <br /> � as required of permitted uses. The applicant realizes the variance request very probably does not <br /> meet the new standard for hardship since the building could be used for offices without a <br /> variance. They are continuing with the application knowing that either a revision to the site plan <br /> or a code change would be required before fmal Council approvaL ` <br /> Plat/Vacation <br /> The plat would combine the three platted lots that make up the site into one lot. The current plat <br /> has the required drainage and utilities along the perimeter of all the lots and over the wetland. <br /> All the drainage and utility easements would be vacated and replaced by the necessary easements <br />