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M04.3006 <br />May 17,2004 <br />Page 4 of 6 <br />Hardcover Variance <br />Hardcover within the 75*-250’ zone is at a conforming level of 21.2%. The need for a <br />hardcover variance arrives because of the non-conforming hardcover that lies within the <br />0-75' zone. This hardcover amounts to 3,768 s.f. and mainly comprises the existing <br />house. The applicant’s proposal is for hardcover changes within the 75’-250’ zone <br />amounting to a net decrease of 1,590 s.f. Although a net reduction in hardcover is <br />proposed, a hardcover variance is still required due to the transferring back of the 0-75’ <br />hardcover bringing the total proposed hardcover to 29.7%. <br />Hardship Statement <br />Applicant has provided a brief hardship statement in E.xhibits B & C, and should be asked <br />for additional testimony regarding the application. <br />Hardship Analysis_______________________________ <br />In considering appiicaiions for variance, the Pianning Commission shaii consider the effect of the <br />proposed variance upon the heaith, safely 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 the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in Instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the individual <br />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 />Staff finds that a hardship exists in the fact that this house was constructed prior to <br />adoption of the hardcover standards, which allow no hardcover within the 0-75’ zone. In <br />addition, over 1/3 of the property contains a wetland with a required 26’ buffer of which <br />no hardcover is allowed. This means that, short of rebuilding, any improvements will <br />require a hardcover variance and less than 50% of the lot would be buildable when the 0- <br />75’ zone and wetlancL'wetland buffer areas are taken out of buildable area. <br />It should also be noted, that the applicant is proposing to eliminate several existing non ­ <br />conformities with removal of the existing detached garage. These non-conformities <br />consist of the following: <br />• Detached garage within the 26’ wetland setback <br />• Detached garage within the 30’ required side yard setback <br />• 337 s.f. sandbox within the 26’ wetland setback <br />• 40 s.f. playhouse within the 26’ wetland setback <br />• Driveway within the 26’ wetland setback <br />With the proposed detached garagc/recreation room all of the above non-conformities <br />will be eliminated and hardcover will be reduced 1,590 s.f. or 3.67%. The applicant has <br />the option of renovating the existing detached garage without needed variance approval. <br />Lastly, this property contains a shared driveway with the neighbor to the east extending <br />250 feet from County Road 51. A turn-around of some type, existing on the applicant’s <br />property, is needed. Currently, a circular driveway encompasses access to the attached <br />garage and detached garage. Possible reductions in hardcover may be achieved by <br />eliminating the circle and constructing a small back-up apron. This option has been