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02-09-2004 Council Packet
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02-09-2004 Council Packet
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FILE#03<2965 <br />January 7.2004 <br />Page 3 of 5. <br />Hardcover Calculations; <br />Hardcover <br />Zone <br />250 - 500 <br />500-1000 <br />Total Area in <br />Zone <br />18,430 s.f. <br />25,139 s.f. <br />Allowed <br />Hardcover <br />5.529 s.f <br />(30%) <br />7541.7 s.f <br />(35%) <br />Existing <br />Hardcover <br />407 s.f * <br />(2.2 %) <br />3.893 s.f* <br />(15.5 %) <br />Proposed <br />Hardcover <br />643 s.f <br />(3.5 %) <br />7,938 s.f <br />(31.6%) <br />After exclusion of fabric or plastic-lined landscape beds <br />Side Yard Setback Variance <br />The applicants have proposed to extensively remodel their home while utilizing the <br />existing foundation. The proposal is \ inually a total rebuild, but re-using much of the <br />foundation for cost savings. There will be two new areas of additional square footage <br />where foundation will be installed. The new living space will consist of 288 s.f, 24 s.f <br />and 20 s.f additions to the home and a 230 s.f addition to the garage. The applicants are <br />requesting to maintain the substandard setback in order to continue the existing line of the <br />building with the garage addition. The applicants have also requested that the 2"*^ story <br />addition also maintain the substandard side setback. <br />Hardship Statement <br />Applicant has provided a hardship statement in Exhibit B, and should be asked for <br />additional testimony regarding the application. <br />Hardship Analysis <br />In 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 antic^ated traffic <br />conditions, light 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 coraider recommending approval for variances <br />from the literal provislotu 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 ottiy when It is demorutrated that such actions will be in keeping with the <br />spirit and Intent of the Orono Zoning Code. <br />Staff finds potential justification for granting the side setback variance including <br />substantial separation from neighboring homes, and the minor magnitude of continuing <br />the side line of the house at essentially the same setback. Also, if the existing foundation <br />was not being reused, there would be absolutely no need for a variance. The house <br />foundation however is substantially centered on the site with only 15’-16 ’ to the south <br />setback line or 22 ’-23 ’ to the north setback line, so that creating a 2-car garage on either <br />side would be difficult or impossible without a variance, or require the garage to be <br />forward or rearward of the house. <br />Staff would make the following recommendations in regards to the criteria for “undue <br />hardship ” pertinent to this application:
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