12-13-2004 Council Packet - Laserfiche WebLink

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Hardcover Calculations: Hardcover Zone 0-75 75 - 250 Total Area In Zone 12,8SSs.f. (inctmfing non- COnttgiiou% property east of Cannon Bay) 7,673 s.f. Allowed Hardcover Os.f (0%) 1,918 s.f. (25%) REVISED Existing Hardcover 0 s.f • (0 %) Revised 2,080 s.f • (27.1 %) * After exclusion of fabric or plaslic-lincd landscape beds PILE O04-3052 October 14. 2004 Page 3 of 4 REVISED Proposed Hardcover Os.f (0 %) Revised 2,981 s.f (38.9 %) Side Street Setback Variance The applicant has not redesigned the proposal to meet the 15’ setback to the public right- of-way, however the drive acccs.n remains off of Casco Point Road. Hardcover Variance The applicant has revised the plan and reduced the level of proposed within the 75 ’ - 250’ zone. The previously proposed hardcover percentage was 57.9% or 4,442 s.f the applicant has now proposed a hardcover percentage of 38.9% or 2,981 s.f. This is a net reduction of 19% or 1,461 s.f. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional te.stimony regarding the application. Hardship Analysis //I cotisiiicritif* applications for rarianca, the Plaiiiiiiti* Commission shall consider the cjfect of the proposed variance upon the health, safety and u^elfarc of the comm unity, existing and anticipated trajftc 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 Conintission shall consider reconunending 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. Staffs position remains that there is no hardship inherent to the land which would justify the side street setback variance or the hardcover variance as proposed. There are no current or future plans to develop or vacate the Casco Point Road right-of-way along the property ’s northern boundary, and the future public use of the nght-of-way is unknown. Staff has contacted the Public Works Depailment who request that the right-of-way be clear of any encroachments. Staff believes that the allow ed 55’ wide building envelope is very reasonable and a setback variance to the side street is not justified. Staff also does not find a hardship for this property to exceed the required 25% hardcover limit. The applicant has proposed to redevelop the property, where the Planning Commission has consistently required full compliance with all regulations. Staff finds