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FILEM4-3030 <br />29 June 2004 <br />Page 4 of 4 <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 anticipated traffic <br />conditions, light and air, danger offire, risk to the public safety, and the effect on values of property In <br />tite surrounding area. The Planning Commission shall consider recommending approval for variances <br />from 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 />The home was constructed prior to the adoption of the Shoreland Overlay Ordinance <br />(1992) which identified French Lake as a natural environment lake requiring a ISO’ <br />setback. Prior to adopting the Shoreland ordinance the home was in a conforming <br />location, as it was only subject to a 26 ’ wetland setback at that time. Staff finds that due <br />to the location of the existing home and patios, there is a valid hardship for granting the <br />lake setback and hardcover variances. Hardcover within the 0-7S ’ setback will decrease <br />as well. <br />Issues for Consideration <br />1. Will the new decks over existing patio areas have any negative visual impacts as <br />viev/ed from the lake? <br />2. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Staff recommends approval of the variances as requested with the following <br />provision: <br />1 . Removal of all fabric and plastic landscape liners. <br />*