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FH.E MS-3138 <br />12 July 2005 <br />Page 4 0(4 <br />Hardship Statcmcat <br />Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be <br />asked for additional testimony regarding the application. <br />Hardship Analysis <br />/« CMuMfrAif •ppUrnhM f»r vtrkmet, Ike Ftei$iibig Commiahn shell coesUer Ike effed of Ike proposed <br />verieece epom the keoHk, tefetp end welfere of Ike commeelly, exMeg end aelklpeled traffk condllhes, llgkl <br />eedeir, demgerofflre,rMlotkepMklksefety,eiidlkepffecloii velues of property kt Ike surroundleg oree. The <br />Ptmmkig CommMoH skM eomrtder recommending epprovel for verlences from Ike Ikerel proeblons of Ike <br />Zoning Code In butencee where Ikeir rtrkt enforeement wonU cense nndne kerdsk^ becense of clrenmslences <br />nnigne to Ike IndMdn el property nnder coneUeredon, end shell recommend epprovel only when ll Is <br />demenstreled Iket mck nedone wttike In keepkig wkk ike splrh end Inleni«/ Ike Orono Zoning Code. <br />Planning Staff feels that this property has unique circumstances with regard to the 0-7S* zones <br />and the Planning Commission should determine what level of variances if any, is appropriate. <br />Staff does not And a hardship in order to encroach into the 75* setback further than absolutely <br />necessary in order to attach the garage, and feels that in conjunction with any hardcover <br />variances removal of some amount of the nonconforming hardcover existing within 75’ of the <br />lake may be appropriate. <br />Issues for Consideration <br />1. Potential negative impacts on neighbor’s western view of the lake due to the higher garage. <br />Are these views protected? <br />2. Potential increases in bulk and massing on the site due to the added building volume. <br />3. Creation of slightly more efficient parking situation is good, but site still is very small and <br />has minimal flexibility (most of non-garage parking area is off the property). <br />4. Potential issues raised by neighboring owners re: easements, landsMping, etc. <br />5. Other undefined issues? <br />Staff RocouiDiCBdation <br />In recognizing the severe limitations of this property. Planning Department Staff recommends <br />qjproval of the lake, and average lakeshore setback variances, and approval of some level of <br />hiudcover and structural coverage variances as the Planning Commission deems appropriate.