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1 <br />riLE • C4-30O <br />A).3»»t 9 <br />P»se4 s'* <br />Average Lakeihore Setback Vtriince ...................... . .. ■ i. <br />Half of the existing home, including the subject deck, is located within the average <br />lakesbore setback. The shoreline runs at an angle to the properties along this portion of <br />eSAH 15 and the neighboring homes are staggered such that the property to the south of <br />the applicants* is entirely behind the applicants’ home. The proposed deck is completely <br />blocked from view of the property owner to the south by the applicants home. <br />Applicant has completed the Hardship Documentation Form attached as Exhibit B. and <br />should be asked for additional testimony regarding the application. <br />/» nmsUtrint •PpUemthm for vriance, the Hennint Cemmh%k>n ihett coaiUet the effect of the <br />pnpotei vetiance upon the heatlh. te/ety *eH/are of the comnwHit} . exltiiat anticipated traffic <br />condmom, light and air, danger of fire, ritk to the public tafeiy, and the effect on \aluet of property- In <br />the torrounding area. The Planning Conimiulon shaii conilder recommending approivl for lariances <br />from the literal pro* itiont of the Zoning Code In Inttancei where their strict enforcement would cause <br />undue hardship because of circumstances unique to the indhidua! property under consideratien, and <br />shall recommend approsal only when it Is demonstrated that such actions will be in keeping with the <br />spirit and intent of the Orono Zoning Code. <br />Staff finds that with respect to the average lakeshorc setback v ariance the angle of CSAH <br />15 and the staggering of the homes along the lake, the reconstruction of the existing deck <br />will have minimal impact on the lake v ievvs from the neighboring properties Also, due <br />to the location of the existing home and the narrowness of the lot there is hardship for the <br />side setback variance as if the garage were required to meet the 30* setbacks on both <br />sides it would have to be constructed directly in the middle of the existing home blocking <br />an existing porch and the main entry. <br />However, staff does not find that a hardship exists for which to grant the h^cover <br />variance and the applicant should be required to relocate the driveway parking area <br />hardcover so as not to exceed the current 75**250* hardcover level. <br />Issues for Consideration <br />Arc there any other issues or concerns with this application? <br />Staff RccooiBendation <br />Plarming Staff recommends approval of the average lakeshorc setback and side setback <br />variances, and denial of the hardcover variance request. The applicants’ should he <br />required to not e.xceed their e.xisung level of hardcover within the 75*- 250* setback zone.