11-08-2004 Council Packet - Laserfiche WebLink

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FILE #04-3061 8 October 2004 Page 3 of 3 Hardcover Variance .. The property is located on a point and has lakeshore on two sides. The 0-75 zone area is 16,455 s.r, while the 75’ - 250’ setback zone consists of 4,762 s.f.. The applicant is requesting a hardcover variance in order to construct an addition to the existing home. The proposed addition will increase the hardcover within the 75’ - 250’ area by 490 s.f. or 7%. The applicant has proposed that the new addition encroach T into the 75’ setback. Stall lecls that the plan could be redesigned to meet the 75’ setback. Additionally, the survey shows a rather large patio located within the 75’ setback that could potentially be removed or reduced should the Planning Commission feel it would be appropriate. The hardcover calculations shown have been adjusted to account for the removal of the driveway which serves the neighboring property and removal of fabric or plastic lined landscape areas. The landscaped areas account for 1,052 s.f. within the 75’ - 250’ zone and 1,448 s.f. within the O’- 75’ zone. The applicant will remove the hardcover from those areas as part of this request. Hardship Statement Applicant has completed the Hardship Documentation Fonn attached as Exhibit B. and should be asked for additional testimony regarding the application. Hardship Analysis In consM0rlng applications fot variance, the Planning Conmtisslon shall consider the effect of the proposed variance upon the health, safety and welfare of the conununity, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safely, 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. Planning Staff feels that this property has unique circumstances with regard to the 0-75’ zones and the Planning Commission should determine what level of, if any, hardcover variances arc appropriate. Staff does not find a hardship in order to encroach into the 75’ setback, and feels that in conjunction with any hardcover variances within the 75’-250’ zone all or .some amount of the nonconforming hardcover existing within 75’ of the lake should be removed. Issues for Consideration Arc there any otlicr issues or concerns with this application? Staff Recommendation If the Planning Commission feels that the nature of this property on a point is a significant hardship there may be justification for some level of hardcover variance in order to approve this request. 3