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FILE #04-3052 <br />October 14. 2004 <br />Page 3 of 4 <br />Hardcover Calculations: <br />Hardcover Zone Total Area in <br />Zone <br />Allowed <br />Hardcover <br />REVISED <br />Existing <br />Hardcover <br />REVISED <br />Proposed <br />Hardcover <br />0-75 <br />12,888 s.f. <br />(including non- <br />contiguous property <br />east o f Carman Bay} <br />0 s.f <br />(0%) <br />0 s.f* <br />(0 %) <br />0 s.f <br />(0 %) <br />75 - 250 7,673 s.f.1,918 s.f <br />(25®/o) <br />Revised <br />2,080 s.f* <br />(27.1 ®/o) <br />Revised <br />2,981 s.f <br />(38.9 ®/o) <br />* After exclusion of fabric or plastic-lined landscape beds <br />Side Street Setback Variance <br />The applicant has not redesigned the proposal to meet the 1 5’ setback to the public riglit <br />of-way, however the drive access remains off of Casco Point Road. <br />Hardcover Variance <br />The applicant has revised the plan and reduced the level of proposed within the 75 ’ - <br />250’ zone. The previously proposed hardcover percentage was 57.9% or 4,442 s.f the <br />applicant has now proposed a hardcover percentage of 38.9% or 2,981 s.f.. This is a net <br />reduction of 19% or 1,461 s.f.. <br />Hardship Statement <br />Applicant has completed the Hardship Documentation Fomi attached as Exhibit B. and <br />should be asked for additional testimony regarding the application. <br />Hardship Analysis <br />tn 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 of fire, 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 />from the literal provisions of the Zoning Code in instances where theii strict enforcement would cause <br />undue hardship because of cireumsiances unique to the individual property under con <ideration, 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 />Staffs position remains that thcic is no hardship inherent to the land which would justify <br />the side street setback variance or the hardcover variance as p'^oposed. There are no <br />current or future plans to develop or vacate the Casco Point Road right-of-way along the <br />property ’s northern boundary, and the future public use of the right-of-way is unknown. <br />Staff has contacted the Public Works Department who request that the right-of-way be <br />clear of any encroachments. Staff believes that the allowed 55 ’ wide building envelope is <br />v ery reasonable and a setback variance to the side street is not justified. <br />Staff also does not find a hardship for this property to exceed the required 25® o hardcover <br />limit. The applicant has proposed to redevelop the property, where the Planning <br />Commission has consistently required full compliance with all regulations. Staff finds <br />. !