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M4-299S <br />March 10,2004 <br />Pigc4 <br />Hardship Analysis <br />In eonsUtring applications for varlanet, tits ftanning Commission shall cansidar tha sffaet of the proposed variance <br />upon the health, safety and welfare of the eommunlty, existing and anticipated traffic conditions, light and air, <br />danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning <br />Cottttttlsslon shall consider recommending approval for variances from tlte literal provisiotu of the Zoning Code <br />In Instances where their strict enforcement would cause undue hardship because of circumstances unltfue to the <br />Individual property under consideration, and shall recommend approval only when It Is demonstrated that such <br />actions will be In keeping with the spirit and Intent of the Orono Zoning Code. <br />The applicant has noted a number of hardships in his application. Staff would note that the clearly <br />demonstrable hardship is the existence of wetlands on the property with no additional dry buildable land <br />available to be acquired. The lot area after the vacation will be ^proximately 1.87 acres or nearly 95% <br />of the standard, based on information available to date. <br />Also in support of the request is the fact that the lot has had a substantial residence for many decades; the <br />property is sewered; and a new home can be placed on the property without the need for further variances. <br />The lot width variance should be considered as a technicality, in staffs opinion, and a variance should be <br />granted since no additional land is available, and all setbacks can be met without the need for a setback <br />variance. <br />Staff does not find any hardship that would support a wetland setback variance to continue the driveway <br />in its nonconforming location. Staff would recommend its relocation to avoid the variance. <br />Issues for Discussion <br />I. Is there any additional land available that would allow applicant to avoid tte need for lot area and <br />width variances? <br />2. Arcthereanyreasonsthatthedrivewaycannotbemovedto avoid a wetland setback variance? <br />3. Should a wetland delineation be required prior to issuance ofbuilding permits? Or, prior to the <br />footing inspection? <br />4. Are there any other issues of concern? <br /><1 I <br />A