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file h &4-3:^o <br />Ajgu»! 9 2X4 <br />P«a# 3 of 3 <br />Side Street Setback Variance <br />The applicants have proposed a detached garage to be set back 212* front the side street <br />lot line where a 50 ’ setback is normally required. The side st-*et in question was fenced <br />and turned into part of the grassed park lawn. It is unimproved right-of-way currently, <br />and indefinitely, being used”as parkland for Cry stal Bay Playground. This unimproved <br />right-of-way serv’es as a side yard and not an improsed. traveled street <br />Hardship Statement <br />Applicant has completed the Hardship Documentation Form attached as Exhibit B. and <br />should be asked for additional testimony regarding the application <br />Hardship Analysis <br />In comiderlng applications for variance, the Planning CtnniniiUon shall cunuder the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and me effect on values of property in <br />the surrounding area, the Planning Commission shall consider recommending approval for variances <br />from the literal provisions of the Zoning Code in instances nhere their strict enforcement would cause <br />undue hardship because of circunutances unique to the Individual property under consideration, and <br />shall recommend approval only when It is demonstrated that such actions nill be in keeping with the <br />spirit and intent of the Orono Zoning Code. <br />The size of the lot is consistent with the other properties within this neighborhood and the <br />proposal is not out of character for the neighborhood. Stall' finds tliat due to the size of <br />the lot and the nature of the unimproved side street right-of-way there is hardship to <br />support the 21.2 ’ side street setback where a 50 ’ setback is normally required <br />Issues for Consideration <br />Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Staff recommends appiosal of the side street setback variance as proposed with <br />the following condition; <br />1. I'he existing turn around driveway shall be remosed concunently with the <br />construction of the proposed garage and installation of the new proposed <br />driveway.