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FILE # 04-3043 <br />August 9. 2004 <br />Page 4 of 4 <br />Average Lakeshore Setback Variance <br />Half of the existing home, including the subject deck, is located within the average <br />lakeshore setback. The shoreline runs at an angle to the properties along this portion of <br />eSAH 15 and the neighboring homes are staggereu such that the property to the south of <br />the applicants ’ is entirely behind the applicants* home. The proposed deck is completely <br />blocked from view of the property owner to the south by the applicants ’ home. <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 appiicalions for variance, the Planning Cc.nmlsslon shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the conununity, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In <br />the surrounding area. The Planning Conunisslon 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 />Staff finds that with respect to the average lakeshore setback variance the angle of CSAH <br />15 and the staggering of the homes along the lake, the reconstruction of the existing deck <br />will have minimal impact on the lake views from the neighboring properties. Also, due <br />to the location of the existing home and the narrowness of the lot there is hardship for the <br />side setback variance as if the garage were required to meet the 30 ’ setbacks on both <br />sides it would have to be constructed directly in the middle of the existing home blocking <br />an existing porch and the main entry. <br />However, staff does not find that a hardship exists for which to grant the hardcover <br />variance and the applicant should be required to relocate the driveway parking area <br />hardcover so as not to exceed the current 75 ’-250 ’ hardcover level. <br />Is.sues for Consideration <br />/\rc there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Staff recommends approval of the average lakeshore setback and side setback <br />variances, and denial of the hardcover variance request. The applicants ’ should be <br />required to not exceed their existing level of hardcover within the 75 ’- 250 ’ setback zone.