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flLEa04-302S <br />iun« 16.2004 <br />P«fl«4ol4 <br />been esublished at 66* or 33* firom the centmUae, so the front lot line must be 33* from <br />the centerline. <br />Hardship StaleMcnt <br />Applicant has completed the Hardship Documenution Form attached as Exhibit B. and <br />should be asked for additional testimony regarding the application. <br />Hardship Aaalysis <br />im etiuUMif afpUcmHons for Mftener. tho PUutmbtt Commbatom tkoU cotuUtr t*o tffoet of ia« <br />proptoi varlmctf upeti tko hooUh, i^otp oni wtifort of tht community, existing end onlk^ted tnfpc <br />condUont, Ught ondoir, danger of fire, rhk to tkeptMk safety, and the effect on vahicf of property In <br />die smrronnMng area. The Planning Commdulon shall consider recommending auroral for variances <br />from the literal praotslans of the Zoning Code in Instances where strkt enforcement weald cause <br />undue hardship because of circumstances unifue to the MMduel property under consideration, and <br />shea recommend approval only when it Is demonstrated that such actions will be In beeping with the <br />spirit and Intent of the Orono Zoning Code. <br />Staff finds that with respect to maintaining the nonconforming west side setback and <br />creating a nonconforming east side setback and a nonconforming front setback there is no <br />hardship to support these variances. A reasonable home can be configured to best <br />maximize the allov^-ed buildable area. The allowed buildable area is 40’x 410*. <br />Additionally, staff feels that as the applicants are rebuilding their home there is no <br />hardship to allow the nonconforming accessory buildings to remain in their <br />nonconforming locations. <br />Issues for Consideration <br />• Planning Commission should discuss the status of the non-conforming accessory <br />structures, especially the most southerly one located over the western property line. <br />• Is there a har^hip to allow the side setback to remain nonconforming with the rebuild <br />of this home? <br />• Is there a hardship to create nonconforming east side or front setbacks? <br />• Are there any other issues or concerns with this r^yplication? <br />Staff Rccomniendalion <br />Plaiming Staff recommends denial of the side and front setback variances for the rebuild.