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FILE #05-3114 <br />11 May 2005 <br />Page 3 of 4 <br />Hardcover Calculations: <br />Hardcover Zone <br />0-75 <br />75 - 250 <br />250-500 <br />Total Area in <br />Zone <br />12,215 s.f. <br />36,080 s.f. <br />470 s.f. <br />Allowed <br />Hardcover <br />0s.f <br />(0%) <br />9,020 s.f. <br />(25%) <br />141 s.f. <br />(30%) <br />Existing <br />Hardcover <br />19 s.f.* <br />(0.15%) <br />8,899 s.f.* <br />(24.6%) <br />112 s.f.* <br />(24%) <br />Proposed <br />Hardcover <br />0 s.f. <br />(0%) <br />10,109 s.f. <br />(28%) <br />112 s.f. <br />(24%) <br />* After exclusion of fabric or plastic-lined landscape beds, and driveway not benefiting <br />the applicants. <br />Hardcover Variance <br />The applicants’ property has a 0-75’ setback on two sides due to a lagoon located to the <br />north of the property. The lagoon area results in a portion of the perceived 75’-250’ <br />setback area to be within the 0-75’ zone taking what would otherwise appear to be <br />eligible square footage away from the 75’-250’ zone. Nevertheless, this property has <br />36,080 s.f. of area within the 75’-250’ zone, and therefore 9,020 s.f. of hardcover area <br />available. <br />Average Lakeshore Setback Variance <br />The property is situated such that, due to the lagoon, it functions like a property located <br />on a point. The applicants have proposed to construct the new home further back on the <br />lot than the existing home, while still within the average lake setback, improving the <br />views of the lake from the adjacent properties. The construction of the new residence on <br />the applicants’ property will not impact the views of the lagoon from the residence to the <br />north. <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 Analysis <br />#w coHstdertng appticaflons for vartance, the Ptonning Commission shall consider the effect of the <br />proposed vorlonce upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger offlre, 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 Instances where their strict enforcement would cause <br />undue hardship because of circumstances unlq ■ . '•? the Individual property under consideration, and <br />shall recommend approval only when It b demv yued that such actions will be In keeping with the <br />spirit and Intent of the Orono Zoning Code. <br />Staff finds that regarding the average lakeshore setback the new home is proposed to be <br />set back further from the lake than the existing home which will allow for more views of <br />the lake from the home to the north. The home to the north is set back considerably from <br />the applicants’ property due to a lagoon.