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FILE # 04*3040 <br />August 9. 2004 <br />Page 3 of 3 <br />Side Street Setback Variance <br />The applicants have proposed a detached garage to be set back 21.2 ’ from the side street <br />lot line where a 50 ’ setback is normally required. The side street in question was fenced <br />and turned into part of the grassed park lawn. It is unimproved right-of-way currently, <br />and indefinitely, being used as parkland for Crystal Bay Playground. This unimproved <br />right-of-way serves as a side yard and not an improved, traveled street. <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 for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety cy.td 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 />the surrounding area. The Planning Commission shall consider recommending approval for variances <br />front 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 properly 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 size of the lot is consistent with the other properties within this neighborhood and the <br />proposal is not out of character for the neighborhood. Staff finds that due to the size of <br />the lot and the nature of the unimproved side street right-of-way there is hardship to <br />support the 21.2 ’ side street setback where a 50 ’ setback is normally requi--ed. <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 side street setback variance as pjoposed with <br />the following condition: <br />1. The existing turn around driveway shall be removed concurrently with the <br />construction of the proposed garage and installation of the new proposed <br />driveway. <br />4,