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FILE #04-3052 <br />September 13.2004 <br />Page 5 of 5 <br />hardcover down to a reasonable level <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 />/It considering applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the conmuntty, 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 />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 there is no hardship inherent to the land which would justify the side <br />street setback variance or the hardcover variance as proposed. There are no current or <br />future plans to develop or vacate the Casco Point Road right-of-way along the property’s <br />northern boundary, and the future public use of the right-of-way is unknown. Staff <br />believes that the allowed SS’ wide building envelope is very reasonable and a setback <br />variance to the side street is not justified. If the Planning Commission concludes that the <br />applicant should get credit toward the structural coverage for the dry land on the non­ <br />contiguous portion of the property, there may be some appropriate level of hardcover <br />variance to support some reasonable level of development of the site. <br />Summary of Issues for Consideration <br />1. Side street setback; <br />2. Lot coverage determination; <br />3. Combination of reduction of lot coverage and hardcover to a reasonable lc\ el; and <br />4. Level of hardcover variance that is justifiable. <br />5. Please review the comments from the adjacent property owner regarding <br />drainage, parking and tree protection. <br />6. Please review^ the City Engineer ’s comments. <br />7. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Staff recommends approval of the a\erage lakeshore setback variance. <br />Planning staff also recommends denial of the side street setback variance, and denial of <br />tlie hardcover variance. The application could be tabled for revisions if the applicant <br />requests tabling. <br />5