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Memo to Board of Adjustments/V97-21 <br /> January 27, 1998 <br /> Page 5 <br /> Therefore, staff is recommending approval of the variance request by <br /> S Guardian Angels to exceed the 25% impervious coverage requirement <br /> in tier 2 of the proposed Orono Lake Planned Unit Development based <br /> on the following: <br /> 1. LITERAL ENFORCEMEN TOF THE SHORELAND ORDINANCE WOULD CAUSE <br /> UNDUE HARDSHIP ON DEVELOPMENT OF THE PROPERTY. <br /> 2. THE PROPERTY HAS SOME UNIQUE CHARACTERISTICS IN THAT IT IS <br /> BOARDERED BY A STATE HIGHWAY(10) AND IS ENTIRELY WITHIN THE <br /> SHORELAND DISTRICT. THE VARYING SHORELAND ALSO CONTRIBUTES TO THE <br /> SPECIAL CONDITIONS WHICH APPLY TO THE PROPERTY. <br /> 3. OTHER EXISTING COMMERCIAL ESTABLISHMENTS WHICH ARE SANDWICHED <br /> BETWEEN STATE HIGHWAY 10 AND LAKE ORONO HAVE RIGHTS THAT WOULD <br /> NOT BE ENJOYED BY GUARDIAN ANGELS IF A VARIANCE WAS NOT <br /> GRANTED. <br /> 4. THE AMOUNT OF THE VARIANCE IS MINIMIZED BY CONSTRUCTING A MULTI- <br /> STORY BUILDING TO REDUCE THE AMOUNT OF IMPERVIOUS AREA. <br /> FURTHERMORE,THE IMPERVIOUS AREA WHICH EXCEEDS THIS ORDINANCE IS <br /> OCCURRING AS FAR AWAY FROM THE LAKE AS POSSIBLE. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, <br /> SAFETY OR WELFARE OF RESIDENTS. THE USE OF STORM WATER <br /> MANAGEMENT PONDS WILL TREAT THE RUNOFF PRIOR TO DISCHARGE INTO <br /> LAKE ORONO. <br /> This variance to the amount of impervious area applies only to tier 2 of <br /> the Orono Lake Planned Unit Development. <br /> A variance application will need to be submitted for tier 3 when a <br /> specific plan has been prepared and is ready for presentation to the <br /> Planning Commission and City Council. <br /> S <br /> f:\shrdoc\planning\pc\v97-21x.doc <br />