09-19-2011 Planning Commission Packet

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'I , } � _ :x FILE#11-3524 14 September 2011 Page 3 of 4 Structural Covera�e: Total Lot Area Total Structural Coverage 28,600 s.f. (0.66 acre) Allowed: 4,290 s.f. (15%) , Existing: 1,560 s.f. (5.4%) Proposed: 2,280 s.f. (7.6%) ------------------------------------------------------------------------------------ Wetland &Buffer 5etback Variance The applicants' property contains a small area of wetland at the south east corner. This wetland is part of a larger, Preserve classification wetland on the property to the south. The applicants wish to construct a garage addition on to their existing home which is conforming in all aspects except the wetland regulations. The project does not trigger the requirement that a buffer be established, however the wetland regulations do not allow for the creation of a non-conforming structure. Due to the required 70-foot total setback from the wetland and the buffer a variance is necessary in order to construct the garage addition. � � In an effort to mitigate potential negative impacts to the wetland the applicants are proposing to install a rain garden along the south property line to separate and treat stormwater from the property before it reaches the wetland. They are also proposing to create a 2,500 square foot native planting improvement along the eastern, rear property line to offer additional buffer benefits. The proposed native planting area will include the "knob" of wetland on their property where their existing sump pump discharges to offer a treatment opportunity in this area. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated tra�c conditions, light and air, danger of fire, risk to the public safety, and the effect on va/ues of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the litera/ provisions of the Zoning Code in instances witere their strict enforcement would cause practica/ di�culties because of circumstances unique to tf►e individual property under consideration, and shall recommend approva/only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds practical difficulties are present due to the location of the existing home and it's proximity to the adjacent wetland. The required 70-foot wetland and buffer setback extends into the middle of the existing home making modifications to the home outside of the existing footprint impossible without variances. An existing drainage swale area cuts from the east to the west across the northern portion of the property and is an additional limiting factor on the buildable area of the property. If the property were vacant today, the buildable envelope would have a high impact on the shape and location of the existing home.