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Memo to Board of AdjustmentsN97-21 <br />January 27, 1998 <br />Page 4 <br /> <br /> request to allow 6 additional units in the assisted living building, <br /> based on the following findings: <br /> <br />LITERAL ENFORCEMENT OF THE SHORELAND ORDINANCE WOULD CAUSE AN <br />UNDUE HARDSHIP, GIVEN THE BUILDING FOOTPRINT WILL BE LARGE ENOUGH <br />TO ACCOMMODATE A TOTAL OF 80 UNITS. THEREFORE, WHETHER THE <br />STRUCTURE HAS 74 OR 80 UNITS WILL NOT HAVE ANY ADDITIONAL EFFECT ON <br />THE LAKE. <br /> <br />THE PROJECT IS A MIXED PLANNED UNIT DEVELOPMENT WHICH HAS UNIQUE <br />AND FLEXIBLE STANDARDS. <br /> <br />THROUGH NUMEROUS MODIFICATIONS TO THE DEVELOPMENT PLANS, THE <br />VARIANCE REQUEST FOR SIX (6) ASSISTED LIVING UNITS HAS BEEN <br />MINIMIZED. <br /> <br />J <br /> <br />THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE <br />HEALTH, SAFETY OR WELFARE OF ADJACENT RESIDENTS OR THE <br />NEIGHBORHOOD IN WHICH THE DEVELOPMENT IS TO OCCUR. <br /> <br />ASSISTED LIVING IS A UNIQUE TYPE OF FACILTIY MUCH DIFFERENT THAN ANY <br />OTHER RESIDENTIAL DEVELOPMENT ADJACENT TO THE DNR WATERS. THE <br />IMPACT FROM THE ASSISTED LIVING UNITS ONTO LAKE ORONO WILL BE <br />VIRTUALLY UNOTICEABLE COMPARED TO OTHER TYPES OF RESIDENTIAL <br />DEVELOPMENT. <br /> <br />Bo <br /> <br />At this time it is difficult for staff to support the variance request to <br />exceed the maximum impervious area of 25% in tiers 2 and 3 of the <br />Shoreland District. One suggestion the Board of Adjustments may <br />wish to consider is granting a variance in tier 2 since that is where the <br />first phase of construction will be occurring for the assisted living <br />project. As indicated on the attached map, a majority of the <br />commercial parking lot is included in tier 2 and is considered <br />impervious. This parking lot will not be constructed until a later date <br />when the commercial building has been proposed and approved <br />through the Planning Commission and City Council. Therefore, by <br />leaving the proposed parking lot pervious, the percent of impervious <br />area in tier 2 is reduced to approximately 30%, much closer to the 25% <br />required in the ordinance. When an application for the commercial <br />building is finally submitted, a specific plan will be provided <br />illustrating the exact amount of impervious area needed; which, may <br />be less than is presently shown on the concept plan. Basically, a <br />variance could be granted in tier 2 and no variance granted in tier 3 <br />until a later date when a specific plan has been submitted which may <br />be a more appropriate time to look at minimizing or reducing the <br />amount of the variance that is being requested. <br /> <br />f:\shrdoc\planning\pc\v97-2 lx.doc <br /> <br /> <br />