01-22-2019 Planning Commission Packet

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FILE#LA18-000099 22 Jan 2019 Page 2 of 5 Section 78-350- Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (L0 acre) 140' 140' at the OHWL& 172' at the 75' Actual 45,933 s.f. (1.05 acres) SB Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 45,933 s.f. (1.05 acre) Allowed: 9,186 s.f. (20%) Proposed: 3,964 s.f. (8.6%) Section 78-1680- Hardcover Calculations: Stormwater Total Area in Allowed Proposed Overlay District Zone Hardcover Existing Hardcover Hardcover Tier Tier 1 45,933 s.f. 11,483 s.f. 6,018 s.f. 6,585 s.f. (25%) (13.3%) (14.3%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The existing lake side grade-level deck will be removed and replaced with a larger patio, elevated 30" from existing grade. Construction an addition to fill in a notched-in area of to the home and an open, pergola-roofed area on the new patio is also proposed. The proposed improvements will extend as much as 11 feet closer to the lake than the existing home; approximately 33 feet into the average lakeshore setback.The patio is less than 42"from grade,therefore is not required to be located behind the average lakeshore setback line. The proposed improvements will be entirely lakeward of the average lakeshore setback line. The applicants' home encroaches into the average lakeshore setback line, there is no conforming location on the lake side of the home to construct structural improvements. The neighboring properties likely have no lake views over the applicants' property as both of the adjacent homes are oriented away from the applicants'property. A variance to allow the structural improvements (addition and pergola) to encroach up to 33 feet ahead of the average lakeshore setback is requested. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties 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. Economic considerations alone do not constitute practical difficulties. Practical difficulties