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FILE #04-3001 <br />13 Apfll 2004 <br />Page 3 of 3 <br />Side Yard Setback Variance <br />The applicants are requesting a 6’ variance from the required side street setback of 35 ’. <br />The side street setback is due to a plaited alley right-of-way along the southwest property <br />line which serves merely as a private driveway for the properly owner to the northwest. <br />This alley is paved and a wooden retaining wall blocks the alley from through traffic <br />from North Shore Drive. The existence of this alley right-of-way causes a greater <br />setback requirement for the applicants’ property. <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 />in considering applications/or 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 traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values ofproperty in <br />the surrounding area. The Planning Commission shall consider recommending approval for variances <br />fivm the literal provisions 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 only when it is demonstrated that such actions will be in keeping with the <br />spirit and intent of the Orono Zoning Code. <br />This property has very challenging topography, and with the setbacks there is only a long, <br />thin buildable area. Staff finds that then is a hardship to justify granting a street setback <br />variance for the applicants’ propertv. Hardcover and structural coverage are considerably <br />under the allowed limits, and the fact that this lot was assessed for sewer makes the lot <br />width and lot area variances a formality in this situation. As can be seen from the plat <br />map, the lot size is similar to that of many other developed lots in the neighborhood. <br />Issues for Consideration <br />Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Staff recommends approval of the variances as requested.