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FILE #05-3074 <br />6 January 2005 <br />Page 5 of 5 <br />C^e concern the applicants* have is how this situation has potentially damaged their <br />prospect for variances for a home expansion in the near future regarding hardcover <br />removals etc. <br />Hardship Statement <br />Applicant has completed the Hardship Documentation Form attached as Exhibit B, and <br />should be asked for additional testimony regarding the application. <br />Hardship Anaiysis <br />/m c0»MUertHg appUe«rtoMS for voriance, the PtoMHing Commission shall consUer the effect of the <br />proposed vorUmce upon the health, spfety-and welfare of the community, existing and anticipated traffic <br />eondltloHS, light and air, danger of fire, risk to the public safety, and the effect on values ofproperty in <br />the surrounding area. The Ptannlng Commission shall consider recommending approval for variances <br />firom the thermi orovIsloHS 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 be 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 justify granting the conditional <br />use permit for the grading or a variance for this type or amount of hardcover within 75’ <br />of the lake. City Code Section 78-1282 provides properties 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 by the walls, namely the areas of the two graded walk .ay slopes. In staffs <br />opinion these graded walkways are uiuiecessary as a partial stair system currently exists <br />and would only need to be extended for lake access. <br />Additions of boulder borders and related non-structural hardcover in the 75’-250’ zone <br />would not have required a City permit, although this installation places the 75’-250’ zone <br />out of hardcover compliance. However, the grading and hardcover additions in the 0-75’ <br />zone bring the entire property's hardcover status under review. Since the additions of the <br />boulder borders and flagstone patio areas have increased the hardcover level a''ove the <br />permitted amount within the 75’ - 250’ zone the Planning Commission should discuss <br />whether or not to grant a variance to allow the current level, or recommend removal of <br />the 1587 s.f. of overage. <br />Issues for Consideration <br />Does the Planning Commission feel that there is justification or hardship for the <br />excessive hardcover in eithw the 0-75’ zone or the 75’-250’ zone? <br />Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Staff recommends removal of the hardcover in the 0-75’ zone and 75’-250 <br />zones that is not strictly necessary for lake access or slope stability.