08-23-2004 Council Packet - Laserfiche WebLink

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r u PILE #04-3041 August 9. 2004 Page 4 oM Hardcover Variance As over 75% of the property is located within the 75’ setback from the creek, so is most of the hardcover. The hardcover level existing on the property within the 0-75’ setback zone is 50.5% or 1,665 s.f.. The applicant has proposed a significant reduction to 21.8% or 720 s.f.. With the reduction within the 0-75’ setback, the applicant has proposed a slight increase within the 75’-250’ setback zone from 37.6% hardcover to 43%, a difference of 47 s.f.. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Floodplain Status This property, along with most other lots on Eastlake Street, are within a “sheet flow ” flood zone (area between 100 year and 500 year flood) due to topography and proximity to the creek, and will be required to meet the appropriate flood proofing measures. 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 due to the overlapping setbacks, the size of the lot and the proximity to the creek there are hardships to justify granting some degree of variances for this property. Issues for Consideration 1. Does the Planning Commission feel that the property is similar enough to the property at 3451 Eastlake St to be held to similar standards? i.e. 50’ creek setback, etc? How would this impact the proposed house size or location? 2. Arc there any other issues or concerns with this application? Staff Recommendation If the Planning Commission feels there are sufficient hardships to justify granting the variances as presented, then a recommendation for approval may be appropriate. If Planning Commission wishes to maintain a 50’ setback from the creek, some additional encroachment of the street yard coupled with house size reduction may be appropriate.