09-17-2012 Planning Commission Packet

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� , ' FILE#12-3575 12 September 2012 Page 4 of 4 approva/onty 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 applicants propose to use the subject property in a reasonable manner.The subject property has a very narrow configuration with almost zero legal buildable area. The buildable portion of the lot consists of a narrow triangular shaped area with a buildable envelope approximately 5' in width at its largest part. The lot's shape is due to circumstances unique to the subject property not caused by the landowner. While the proposed home and hardcover does not appear to alter the essential chacacter of the neighborhood staff would suggest that a minimum of a 10 foot setback be imposed along the western property line abuttingthe alley. Ifthe Commission is amenable to the reduction of the alley setback to 10 feet (or less) staff suggests it may be appropriate to reduce the proposed deck and move the home � to the west slightly to avoid.the encroachment into the eastern property line requested by the applicants. Additionally, staff would .suggest the Planning Commission consider requiring a landscape plan on the applicants' property along the right-of-way which offers screening and delineates the right-of-way from the_subject property. Issues for Consideration 1. Does the Planning Commission�nd that that�the property owner proposes to use�the . . subject property in a reasonable manner which is not permitted by an official control? Is the level of hardcover proposed within the 75'to 250' zone reasonable? � 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. Should the applicants redesign to avoid the encroachment into the 10' side yard setback? � 4. Does the Commission find it necessaryto impose conditions in order to mitigate the impacts created by the granti�g of the requested variances? . 5. Should a landscape plan or vegetative screening be required to clearly define the separation from the applicants' property and the City right-of-way? 6. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of a lot width variance; a lot area variance; and a side street setback variance resulting in a 10' setback from the alley in order to redevelop the subject property. Additionally staff recommends approval of a 75' to 250' zone hardcover variance at a level which does not exceed 25% of the entire lot (consistent with the Tier 1 hardcover allowances in the newly drafted hardcover regulations).