11-22-2004 Council Packet - Laserfiche WebLink

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M04.3067 Ncvember 15,2004 Page 4 of 6 is not included as hardcover. Hardcover Variance The applicant has proposed to tear down the west half of the home and rebuild an addition behind the average lakeshore setback line and meeting the side and street yard setbacks. However, the property currently exceeds the 25% hardcover allowance for the 75 ’-250 ’ zone, and although a net reduction in hardcover is propo'" d, a hardcover variance is still required as the property exceeds the allowed 25%. Tlie property also contains an excessive amount of hardcover within the 0-75’ zone. No hardcover changes are proposed within this zone, however hardcover has illegally appeared since a 1999 hardcover variance approval and the hardcover must therefore be reviewed. Hardship Statement Applicant has provided a Hardship Documentation Form in Exhibit C, and should be asked for additional testimony regarding the application. Hardship Analysis Jn considering appiications for variance, the Planning Commission shall consider the effect of the proposed variance upon the healthy safety and welfare of the connnnnify, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, 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. Staff finds that the hardships and conditions found and noted in the resolution approved in April of 1999, attached as Exhibit K, remain valid and staff therefore recommends approval of the hardcover variance request. The applicants have proposed 29.89% haidcover in the 75 ’-250 ’ zone and therefore meet tire 29.9% allowance of the April 1999 variance resolution, with a net reduction of 3 s.f. proposed. However, staff noted that a wood platform at the lake has appeared since the April, 1999 approval. Staff finds no additional hardships to allow this wood platform to exist within the 0-75 ’ zone. The survey used to approve the 1999 hardcover variance did rot include this structure and it therefore has been illegally erected since that time. Because variances run with the property and not with the owners, and no additional hardships have been presented, the structure labeled “wood platform ” on the survey should be required to be removed in conjunction with this proposal. The applicant has expressed his desire to keep the wood platform for a place to store his dock. Staff finds that the applicant has the right to use removable dock sections for storage of a dock in the winter time only, but no structure may be permanently allowed and nothing should exist in this location during the summer when the dock is in the water. JL.I