07-16-2012 Planning Commission Packet

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i � > a � - •�� FILE#12-3565 11 July 2012 Page 3 of 4 of record as follows: A lot of record existing upon Jarivary 1, 1975, in any R district of the city of up to and including one acre,which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if the area measurements and width of that lot are within 80 percent ofthe requirements ofthis chapter. However,the lot of record shall not be more intensely developed unless combined with one or more abu'tting lots or portions so as to create a lot meeting the requirements of this chapter. � Hardcover Variance � The subject property currently includes a home; a large, long driveway; a detached garage; and a � tennis court. The existing hardcover within the 75'to 250' zone is 50.5%; the applicant is proposing 38.5% hardcover in this zone for a reduction of over 2,000 square feet. Additionally the applicant proposes to remove the tennis court thus dropping the 250' to 500' zone hardcover down from 50% to 16.5% with the redevelopment of the property. A 130 square foot boathouse within the Oto 75' zone is proposed to remain asthe only hardcover in this zone for 1.7% hardcover. � If one were to compare the proposal to the current draft/suggested hardcover ordinance language (78-1700 attached as Exhibit G), the proposed plan results in 27.4% hardcover within the first 250 . feet of the property as a "Tier 1" lot. A 2.4% 'reduction would be necessary to conform to this , potential code requirement. Conversely if the hardcover zone split at the 250-foot setback within the "Tier 1" lots was removed as was also suggested (aka the DNR standard of 25%of the entire lot) the site calculates to 22.4�o total hardcover. The project was designed to be under 25% hardcover of the entire property area with the hope tlie City would have completed the revision of our � hardcover regulations by the time they were ready to apply for a building permit. However, as it appears the review and redrafting of the hardcover amendments are being pushed later into the fall, a hardcover variance is required. � 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 P/anning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated tra�c conditions, liqht 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 Code in instances where their strict enforcement wou/d cause practica/ di�culties because of circumstances unigue to the 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. ' .Although the applicant's proposal results in a reduction of 4,600 square feet of hardcover from existing, a 75' to 250' zone hardcover variance is still requested. The proposed home falls under the . 15% structural coverage limit and the. proposed hardcover level does not appear to alter the . � essential character of the neighborhood. The Planning Commission may want to consult Exhibit H which provides statistics from 1999 to 2007 regarding hardcover variances granted on lakeshore lot rebuilds for lots with between 15,000 and 19,999 square feet of area within the 75' to 250' zone consistent with this lot. It appears during the 9 year period analyzed,very few hardcover variances