01-22-2013 Planning Commission Packet

Home Browse Search

� FiLE#12-3583 , 17 Jan 2013 Page 3 of 3 Front Yard Setback Variance The property is a triangular shaped corner lot with roads on two sides and a creek along the rear lot line. The awkward shape and limiting factors combined with the wetland buffer, the creek setbacks, and RR-1B zoning district setback requirements result in a restricted buildable area. The proposed garage is nearly even with the existing garage with regard to front yard setback. The house is set back 51.1 feet from Watertown Road and is conforming with respect to that setback. In order to lessen the creek setback encroachment the proposed garage will be moved ahead a few feet from existing resulting in a continuance of the accessory building location streetward of the house, if only 11.7 feet. 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 hea/th, safety and welfare of the community, existing and anticipated tra�c conditions, light and air, danger of f►re, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission si►all consider recommending approva/ for variances from the litera/ provisions of the Zoning Code in instances where their strict enforcement would cause practica/ di�culties because of circumstances 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 there are a number of practical difficulties impacting the subject property which make construction of a new, conforming detached garage difficult or impossible. The applicants have the right to rebuild the existing garage in-kind but would like to try to improve the impacts on the creek and wetland by moving the new garage further away. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? Wetland buffers will likely be required for the portion for the property where wetland exists. Is it reasonable to request additional buffering of the wetland/creek down slope from the proposed garage location? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the requested variances conditioned on compliance with the wetland buffer requirements and the City Engineer's recommendations at the time of the building permit.