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FILE #04-3065 0 November 2004 Page 3 of 4 0-75 75 - 250 7,070 s.f. 8,610 s.r. Os.f (0%) 2,152.5 s.r (25%) 412 s.f.* (5.8 %) 4,780 s.f.* (54.6 %) 288 s.f (4.07%) 4,501 s.f (52.2%) 474 s.f (6.7 %) 4,783 s.f (55.5%) * After exclusion of fabric or plastic-lined landscape beds During the review staff was unable to replicate the exact hardcover and lot coverage levels as were approved in 2001. Staff was able to verify however, that the structural reductions which were required with the 2001 approval were completed, as were the hardcover reductions with the exception of the plastic liner under the rock and landscape beds. If the liners were removed, they have since reappeared. 'I'herefore, the numbers u.sed for this current variance reque.st are the result of the most recent survey and hardcover analysis a.s updated on October 19,2004. Structural Coverage Variance In 2001, a structural coverage variance was granted in order to construct an addition in conjunction with significant removals from the lakeside deck. The applicants arc requesting to inc-ease the structural coverage level 194 s.f above that which was approved in 200 1. Hardcover Variance In 2001, variances were granted to allow hardcover within the 0-75’ zone and 75’-250 ’ zone to exceed the allowed levels. The applicants arc requesting variances to exceed the previously approved limits by 282 s.f in conjunction with the rebuild and reorientation of their lakeside deck. The plastic liner in the rock landscape ureas was to be removed as part of the 2001 variance approval. It appears from the most recent survey that the plastic is still there or has returned. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Kxhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering 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 offire, risk to the public safety, and the effect on values of property la the surrounding area. The Planning Commission shall consider recommending approval for variances Jrom the literal provisions of the '/.oning Code in instances where their strict enforcement would cause undue hardship because of cii umstances 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. Stall finds that tliere is no hardship by which to grant hardcover variances in e.\ce.ss of the 2001 approval. Additionally, there is no hardship for increasing the already excessive level t)f structural coverage on the property. Hie deck and pool could be rearranged to utilize the previously approved hardcover and structural coverage levels. S