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02-09-2004 Council Packet
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02-09-2004 Council Packet
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f . <br />♦ After exclusion of fabric or plastic-lined landscape beds <br />M3-2962 <br />Nevcmbtr 17,200J <br />Page 4 of? <br />Lot Area Variance <br />The applicant is proposing to tear down the existing home and rebuild a new home. <br />Because Ac lot is only 0.47 acres in area when 0.50 acres is normally allowed a lot area <br />variance is required. The lot meets Ae widA requirement of 120’ when 100’ is required. <br />Hardcover Variance <br />Cunently a large home exists within boA Ac 0-75 ’ zone and Ae 75-250 ’ zone. The <br />applicants are proposing to tear down this structure and rebuild a new home entirely <br />within Ae 75-250 ’ zone. The applicants have also agreed to remove Ae boaAouse near <br />Ae shoreline, Acreforc no variance is required for Ae 0-75 ’ zone. However, Ae <br />applicant is proposing a 3,895 s.f. home, 72 s.f. of walk, and 1,060 s.f. of driveway in Ae <br />75-250 ’ zone which puts the hardcover for Ae zone at 44% requiring a variance. <br />Lot Coverage by Structures Variance <br />The applicants are proposing to tear down Ae existing house and rebuild a structure <br />3,895 square feet in size. This figure doesn’t include any second story decks. This <br />proposed house footprint puts Ae lot at 19% structural coverage when 15% is allowed <br />Aus requiring a variance. The existing house meets Ae 15% structural coverage limit. <br />Hardship Statement <br />Applicant has provided a brief hardship statement in Exhibit A, and should be asked for <br />additional testimony regarding Ae application. <br />Hardship Analysis <br />tn considering applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property In lltt surrounding area. The Planning Commission shall consider recommending approval <br />for varlanca from the literal provisions of the Zoning Code In Instanca where their strict <br />enforcement would cause undue hardship because of circumstances unique to the Individual <br />property under consideration, and s'’oll recommend approval only when it is demonstrated t!tat such <br />actions will be In keeping wUh the spirit and Intent of the Orono Zoning Code. <br />Staff finds that Aerc are no viable hardships to approve Ae hardcover and structural <br />coverage variances as proposed. Staff would consider supportmg a hardcover variance <br />due to the shallowness of Ae lot and Ae need for a driveway tum-around however, not <br />Ae proposed 44%. This 44% also doesn’t include any decking or patio and staff feels <br />Aat the 44% has Ae potential to get even larger in Ae future. Staff has advised the <br />applicants to re-work their proposal to allow for a minimal driveway, front walk and <br />some decking or patio. The applicants have been advised Aat staff is not entirely <br />opposed to a hardcover variance how ever Ae proposal needs to be re-worked to a <br />hardcover percentage much less Aan Ae proposed 44%. <br />The applicants are also proposing a variance to allow 19% structural coverage. Staff <br />advised Ae applicants that variances to this requirement are hardly ever granted on
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