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Memo to the Planning Commission/V 97-21 <br /> December 21, 1997 <br /> Page 2 <br /> • forth in the Shoreland Ordinance to determine the allowable densities in <br /> each of the tiers, it was found Guardian Angels would need a variance for six <br /> units to complete their projected 80 unit assisted living complex. According <br /> to the Shoreland Ordinance a total of 74 assisted living units could be <br /> developed in Tier 2. This is 6 short of the proposed 80 units Guardian Angels <br /> would like to achieve to meet their long-term needs. Attached is a letter from <br /> Guardian Angels with a brief description of their variance request and a <br /> response to each of the findings necessary for granting a variance. <br /> Recommendation <br /> Staff has worked with Guardian Angels over the past six months to revise <br /> their plans to fit within the requirements of the Shoreland Ordinance. Every <br /> adjustment has been made to minimize the variance request; therefore, staff <br /> is recommending approval of the variance based on the following findings: <br /> 1. LITERAL ENFORCEMENT OF THE SHORELAND ORDINANCE WOULD CAUSE AN UNDUE <br /> HARDSHIP, GIVEN THE BUILDING FOOTPRINT WILL BE LARGE ENOUGH TO <br /> ACCOMMODATE A TOTAL OF 80 UNITS. THEREFORE,WHETHER THE STRUCTURE HAS <br /> 74 OR 80 UNITS WILL NOT HAVE ANY ADDITIONAL EFFECT ON THE LAKE. <br /> 2. THE VARYING SHORELAND ALONG LAKE ORONO HAS CONTRIBUTED TO THE UNIQUE <br /> CONFIGURATION OF THE PROPERTY AND TIERING SETBACK DETERMINED THROUGH <br /> • THE SHORELAND ORDINANCE. <br /> 3. LITERAL APPLICATION OF THE SHORELAND ORDINANCE WOULD DEPRIVE THIS <br /> ASSISTED LIVING PROJECT SIMILAR RIGHTS ENJOYED BY OTHER ASSISTED LIVING <br /> PROJECTS NEXT TO DNR WATERS. <br /> 4. THROUGH NUMEROUS MODIFICATIONS TO THE DEVELOPMENT PLANS,THE VARIANCE <br /> REQUEST FOR SIX(6) ASSISTED LIVING UNITS HAS BEEN MINIMIZED. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, <br /> SAFETY OR WELFARE OF ADJACENT RESIDENTS OR THE NEIGHBORHOOD IN WHICH <br /> THE DEVELOPMENT IS TO OCCUR. <br /> 6. ASSISTED LIVING IS A UNIQUE TYPE OF FACILTIY MUCH DIFFERENT THAN ANY OTHER <br /> RESIDENTIAL DEVELOPMENT ADJACENT TO THE DNR WATERS. THE IMPACT FROM THE <br /> ASSISTED LIVING UNITS ONTO LAKE ORONO WILL BE MINUSCULE COMPARED TO <br /> OTHER TYPES OF RESIDENTIAL DEVELOPMENT. <br /> • <br /> f:\shrdoc\planning\pc\v97-21.doc <br />