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i. s FILE #04-3022 8 November 2004 Page 3 of 3 Rear Yard Setback Variance In 2000, the Skoogs received a front yard and rear yard setback variance in order to construct a garage and kitchen additions to their existing home. Upon approval of the variances the applicants constructed their garage addition, but were not able to construct their kitchen addition within the one-year time period and the rear yard setback variance expired. Hardcover Variance During the 2000 variance review the hardcover calculations were incorrectly based on the entire property being located within the 500*- 1000 ’ zone. With the renewal variance request stalT required an updated survey and revised hardcover calculations to sliow the newly constructed garage and the addition of a pool. Those revisions were submitted by the applicants and reflected portions of the property within the 250 ’ - 500 ’ zone. Currently the 250 ’ -500 ’ zone is within hardcover limits but including rock lined with plastic the 500 ’ - 1000 ’ zone is exceeding the 35% limit. Hardship StatemenI Applicant has completed the Hardship Documentation Form attached as Fxhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In cunsidering 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 In the surrounding area. The Planning Commission shall consider recommending cpproval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will he in keeping witn the spirit and Intent of the Orono Zoning Code. Staff finds that due to the size of the applicants’ lot and the other lots in this neighborhood and the 2-acre zoning district setback limitations there may be hardship to justify granting the rear yard setback variance, however, the existing home is currently conforming with only the deck encroaching into the 50 ’ setback. Witli respect to hardcover, upon removal of the plastic liners in »he rock beds the property is within the 35% limit for the 500 ’ - 1000 ’ zone. I.WUCS for Considerution Are there any other issues or concerns with this application? Staff Kccoromcndation If the Planning Commission feels that the size of the lot within a 2 acre zone is a significant hardship then Planning Staff recommends approval of the rear yard setback variance for the kitchen addition. Additionally, the applicant should be required to remove all the plastic liners in the landscape beds to eliminate the need for a hardcover variance. /