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#04-3002 April 19,2004 Page 4 of S 75 - 250 250 - 500 5,350 s.f. 2,900 s.f. 5,350 s.f. (25 “/o) 870 s.f. (30»/y 7,580 s.f.* (35%) 1,000 s.f.* (33%) 5,255 s.f. (24.6%) 865 s.f. (29.9%) After exclusion of fabric or plastic-lined landscape beds Non-Conforming Accessory Structure (Boathouse) The applicants arc proposing to keep the non-conforming 2-lcveI boathouse located 10’ from the 929.4 elevation. The Zoning Ordinance does not permit any structures within the 0-75’ zone. Further, the Zoning Ordinance does not permit any hardcover within the 0-75’ zone unless it is an access to the lake, a 32 s.f. landing, or a lock-box meeting specific standards. The boathouse, acting as structure and hardcover within the 0-75’ zone, does not meet the requirements set forth in the Zoning Ordinance. The applicant is proposing to tear down the existing house, detached garage and small shed located near the lake as well as removal of the patio and deck attached to the boathouse. In the City’s view the lot is being rebuilt and is therefore subject to all standards within the Zoning Ordinance. This requires removal of the non-conforming boathouse which contributes to excess structure and hardcover within the 0-75’ zone. It should be noted, that the applicants have contributed the hardcover associated with the boathouse to the 75’-250’ zone and still fall within the allotted 25% hardcover for that zone. Also, the 530 s.f. boathouse was also figured into the structural coverage requirement putting the lot at 10% structural coverage when 15% is normally allowed. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger offire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that no hardships exist to warrant approval of the requested variance. Although in good shape, the boathouse is clearly non-conforming. Staff and, under most circumstances, the Planning Commission have consistently recommended removal of any non-conformity at the time the lot is rebuilt. In the City ’s view, this is the only opportunity for non-coirformitics to be eliminated. This structure has no historical value nor does it architecturally nudeh the proposed house. ••’I i* .h I A,♦ ’ I ««i I, :♦