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FILE # LA22-000014 <br />April 18, 2022 <br />Page 2 of 5 <br /> <br /> <br />Section 78-330 – Lot Area/Width: <br />DISTRICT Lot Area Lot Width <br />Required 43,560 s.f. (1 acres) 140’ <br />Actual 43,378 s.f. ( 0.99 acre) 140’ @ 75’ /120’ @ OHWL <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br />Stormwater <br />Overlay District <br />Tier <br />Total Area in <br />Zone <br />Allowed <br />Hardcover <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 1 43,378 s.f. 10,844.5 s.f. <br />(25 %)* <br />7,386 s.f. <br />(17 %)* <br />10,305 s.f. <br />(24 %) <br />*Calculated by Staff <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (78-1279) <br />The average lakeshore setback allows construction of patios and accessory structures less than <br />42 inches above existing grade. <br /> <br />The patio and pool as proposed are shown to have a final elevation of 964. The lowest abutting <br />existing grade to the project is 952.5. The project will be elevated 11.5 feet above existing grade <br />where only 42 inches (3.5 feet) is permitted. The extremely low grade was created from the <br />demolition of a previous home (2011) which is inconsistent with the neighboring, ‘natural’ <br />grading patterns. Following the contour of the natural slope of the neighboring property <br />suggests the 956 contour would be more representative of the existing natural grade, which staff <br />could support. The applicant is requesting a taller improvement with a final grade at 964, which <br />would create an 8 foot elevation. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br />on values of property in the surrounding area. The Planning Commission shall consider <br />recommending approval for variances from the literal provisions of the Zoning Code in instances <br />where their strict enforcement would cause practical difficulties because of circumstances unique <br />to the individual property under consideration, and shall recommend approval only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br />Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br />DISTRICT LR-1B Required Proposed <br />Street 17.5’ 140’ <br />Side (North) 10’ 35’ <br />Side (South) 10’ 30’ <br />Lakeshore 75’ 75’ <br />Average Lakeshore <br />The proposed pool and patio project <br />is a permitted improvement within <br />the average lakeshore setback with a <br />3.5 feet height limit. <br />The proposed improvement has a <br />maximum final grade 11.5 feet <br />above existing grad where 3.5 is <br />permitted.