09-20-2010 Planning Commission Packet

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i � i • FILE#10-3485 ' 13 September 2010 Page 3 of 3 Structural Coveraqe: Total Lot Area Total Structural Coverage 13,600 s.f. (0.31 acre) Allowed: 2,040 s.f. (15%) Pro osed: 1,500 s.f. 11% ------------------------------------------------------------------------------------ Lot Area & Lot Width Variances The applicant has proposed a home which meets all of the required setbacks and hardcover requirements. Without variances for lot area and lot width, a home of any size could not be constructed on the property. Hardship Statement � Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of fhe 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 the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Coafe in instances where fheir sfrict enforcement would cause undue hardship because of circumsfances 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. Staff finds that the applicant cannot put the property to a reasonable use without variances for lot area and lot width. The applicant's request is supported by a clear hardship. Further, the applicant has demonstrated that enforcing the lot area and lot width provisions of the Zoning Ordinance deprive the applicant of the reasonable use of their property. . The property is landlocked. This creates a challenge when directing stormwater to an appropriate location off the property. The City Engineer has identified stormwater as an issue which must be addressed. The applicant should be required to resolve the stormwater drainage issues — either with an easement to the lake, to North Shore Drive, or by some other method — prior to approval of the variances to develop this property. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the lot area and lot width variances conditioned upon resolving the stormwater issue identified in the City Engineer memo (Exhibit F). The proposed residence must meet all of the applicable zoning code standards including . height.