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riir; #0530/4 <br />6 Jiinuary 2005 <br />f^ngn 5 of S <br />One concern llie applicants' luivc is how this situation has potentially damaged their <br />prospect lor variances for a home expansion in the near futuru regarding hardcover <br />removals etc. <br />Ilnrdship Staicmriit <br />Applicant has completed the Hardship Documentation Form attached sis l•:.^hiI)il B, and <br />should he asked for additional testimony regarding the application. <br />Hardship Analysis <br />/« coHxUerttiK appUcaUoHt for vartauce, the Ptaimliif! Commtsxion shall eonsider .he effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, liylit and air, danger of fire, risk to the public safety, and the effect on values of property in <br />the surrounding area. The Planning Commission shall consider recommending approval for variances <br />from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause <br />undue hardship because of circumstances unique to the individual property under consideration, and <br />shall recommend approval only when It Is demonstrated that such actions will he in keeping with the <br />spirit and Intent of the Orono Zoning Code. <br />Staff finds that there is no hardship inherent to the land to jii.stify granting the conditional <br />use permit for the grading or a vanaiUT for this type or amount of hardcover within 75’ <br />ol the lake. (Jity (’ode Section 78-1282 provides prupeities with .steep slopes a stair <br />access to the lake yard rather than conducting extensive topographic alterations A <br />majority of the boulder hardcover is .strictly aesthetic, as the boulders are serving as <br />borders and not retaining any soil. There are a couple of areas where there is soil <br />retention hy the walls, namely the areas of the two graded walkway slopes. In staffs <br />opinion these graded walkways are unnecessary as a partial stair sy.stcm currently exists <br />and would oidy need to be extended for lake acce.ss. <br />Additions of iKuddcr borders and relaterl non-structinal hardcover in the 75’-250 ’ /one <br />would not have rcrpiircd a City pcnnit, although this installation places the 75’-25()’ /.one <br />out of hanicover compliance. However, the grading and hardcover additions in the 0-75’ <br />/.one bring the entire property ’s hardcover .status under review. Since the aihlitions of the <br />boulder boidcrs and tlag.stone patio areas have increased the hardcover level above the <br />pennilled amount within the 75’ 250 ’ /.one the Planning Commi.ssion .should discu.ss <br />whether ur not to giant a variance to allow the current level, or reconuiiend removal of <br />the 1587 s.f. of overage. <br />Issues for ('onsidcrition <br />Does the Planning rommission feel that there is justification or hard.ship for the <br />excessive hardcover in cither the 0-75’ zone or the 75’-250 ’ zone? <br />Aic theie any other issues or concerns with this application? <br />Staff Uecoiiimeiulalion <br />Planning Staff rccoinineitds removal of the hardcover in the )-75' zone and 75'-2.50 <br />zones that is not .strictly neces.sary foi lake access or slope stability. <br />—^