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Memo to Board of Adjustments/V97-21 <br /> January 27, 1998 <br /> Page 4 <br /> request to allow 6 additional units in the assisted living building, <br /> • based on the following findings: <br /> 1. 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 /> 2. THE PROJECT IS A MIXED PLANNED UNIT DEVELOPMENT WHICH HAS UNIQUE <br /> AND FLEXIBLE STANDARDS. <br /> 3. THROUGH NUMEROUS MODIFICATIONS TO THE DEVELOPMENT PLANS,THE <br /> VARIANCE REQUEST FOR SIX(6)ASSISTED LIVING UNITS HAS BEEN <br /> MINIMIZED. <br /> 4. 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 /> 5. 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 /> B. 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 /> S <br /> \shrdoc\planning\pc\v97-21x.doc <br />