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#04-3007 <br />May 10,2004 <br />Page 6 <br />Structural Coverage; <br />Total Lot Area Total Structural Coverage <br />43,957 s.f. (1.01 ac.)Allowed: 15% - 6,600 s.f. <br />Hardcover Calculations: <br />Hardcover Zone <br />500'-1000’ <br />Total Area in Zone <br />43,957 s.f. <br />Allowed Hardcover <br />15,400 s.f. (35%) <br />Hardship Statement <br />Applicanthas provided ahardship statement, and should also be asked for his testimony regarding the <br />application. <br />Hardship Analysis <br />In considering applications for variance, the Planning Commission shall consider the effect of the proposed <br />variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light <br />and air, danger of fire, risk to the public safety', and the effect on values of property in the surrounding area. The <br />Planning Commission shall consider recommending approval for variances from the literal provisions of the <br />Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances <br />unique to the individual property under consideration, and shall recommend approval only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br />Staff would make the following conimcnts in regards to the criteria for "undue hardship" pertinent to this <br />application; <br />1.‘The property in question cannot be put to a reasonable use if used under conditions allowed <br />by the official controls.’’ <br />The area variance is necessary to allow use of the site for residential dwelling <br />purposes. The zoning code would not allow use of this property for accessory uses <br />without a principal structure. It can gain a principal structure by being combined with <br />an adjacent parcel and being used as buffer area as it has been for the past three <br />decades. The key issue is whether the official controls (City wetland designation and <br />ordinances prohibiting wetland encroachment) are reasonable for this property. <br />2.“The plight of the landowner is due to circumstances unique to his property not created by <br />the landowner.’’ <br />The lot size and wetland status are factors unique to this lot and not under the <br />applicant's control. <br />1