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•04-2992 <br />March IS. 2004 <br />PaceS of* <br />illusirated in the elevations HoN^cver. pieces of the home that v^'cre currently flat or a '/i <br />story will now be either pitched or a full story. It should be noted that the house to the <br />southeast, where the greatest impact occurs due to the encroachment, was rebuilt m -00- <br />further from the lake than the past home creating the change m the average lakeshorc <br />setback line causing the applicants home to become non-conforming. <br />Hardship Statement r- r. j <br />The applicant completed a Hardship Documentation Form, attached as Exhibit B. and <br />should be asked for additional testimony regarding the application. <br />Hardship Analysis <br />tn considering applications for variance, the Planning Commission shall consider the efject of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, tight and air, danger offu e. risk to the public safety, and the effect on values of <br />oroperty In the surrounding area. The Planning Commbslon shall consider recommending approval <br />for variances from the lUerat ptovislons of the Zoning Code in Instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the indiv idual <br />property under consideration, and shall recommend approval only when U Is demonstrated that such <br />actions wUl be In keeping with the ipirU and intent of the Orona Zoning Code.___________________ <br />Staff finds that a hardship exists to warrant approval of the side setback variance. The <br />original home was constructed sometime in the I940’s with the aiuchcd garage <br />constructed in 1973 at a setback 5.6 feet from the property line. Sometime shortly afler <br />that the Zoning Ordinance was adopted requiring u 10’ setback Where this non- <br />conforming setback occurs the applicant isn’t proposing a new story but rather a hipped <br />roof where a flat roof exists The Planning Commission should discuss the effects of <br />going from a flat roof to a pitched roof in this non-conforming setback. <br />Staff finds a hardship exists to also grant the hardcover variance. The propc.ny is <br />currently at 42% in the 75’ - 250’ zone when 25*/o is normally allowed The applicant is <br />proposing changes to the envelope of the building but not new hardcover where non­ <br />hardcover cu-Tcntly exists Variances were granted in 1992 to allow construction of the <br />lakeside deck and no illegal liardcover has been added since those variance approvals <br />The only notable change is that approximately 32 square feet of roof will be added over <br />existing hardcover to create a covered entry. The Planning Commission should discuss <br />adding structure where hardcover currently exist.s. and if any small removals should be <br />required to account for that change <br />Lastly, staff also finds that a hardship exists to grant the tequested average lakeshorc <br />setback variance. The northeast comer of the home encroaches the furthest into the <br />average lakeshorc setback. The applicant isn’t proposing a full second story at this <br />comer but to change to a pitched roof where a fiat roof cur.cntly exists The house, at <br />this comer tapers west to an encroaclunent of 2 feet. This piece of the home will go from <br />a Vs story to a full story but any views the neighbor may have, tf any. arc minimally <br />impacted. After conducting a site visit staff has determined that any views the neighbor <br />has over this current flat roof will be minimally impacted when going to a pitched roof <br />Also, the neighbor who is affected by the improvements constructed a new home in 2002