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r FILE W4 3061 <br />SOctobef 2004 <br />PigeSof 3 <br />Hardcover Variance <br />The property is located on a point and has lakcshore on two sides. The 0-75’ zone area is <br />16.455 s.f., while the 75’ 250’ setback zone consists of 4,762 s.f.. The applicant is <br />requesting a hardcover variance in order to construct an addition to the existing home. <br />The proposed addition will increase the hardcover within the 75’ - 250’ area by 490 s.f. <br />or 7*/*. The applicant has proposed that the new addition encroach 7’ into the 75’ <br />setback. Staff feels that the plan could be redesigned to meet the 75’ setback. <br />Additionally, the survey shows a rather large patio located within the 75’ setback that <br />could potentially be removed or reduced should the Planning Commission feel it would <br />be appropriate. <br />The hardcover calculations shown have been adjusted to account for the removal of the <br />driveway which serves the ncighlniring property and removal of fabric or plastic lined <br />landscape areas. The land.scapcd areas account for 1,052 s.f. within the 75’ - 250’ zone <br />;ind 1,448 s.f. within the O’- 75’ zone. The applicant will remove the hardcover from <br />those areas as part of this request. <br />Hardship Statement <br />Applicant has completed the Hardship Documentation Fonn attached as F.xliihit B. and <br />should be asked for additional testimony regarding the applic,ition. <br />Hardship Analysis <br />/n con$MeHitg a/^kmHont for rorianct. the PtonmiHg Commttiion shalt coitiUer the effect of the <br />propoted vmrionce upon the health, safely and welfare of the commanity, existhtt aad anticipated traffic <br />condMoru, Htht and ah, danger offire, risk to the paNie safety, and the effect on v«/«ei of property in <br />the sarroandlng area. The Flanning Conunhslon shall conilder recommending approval for variances <br />from the literal provislotu of the Zoning Code in instances where their strict enforcement wouid cause <br />tindne hardsh^ because of circumstances unique to the individual property under conslJeratkin, and <br />shall recommend t^proval only when it is demonstrated that such actions wUl be in keeping with the <br />spirit and intent of the Orono Zoning Code. <br />Planning Staff feels that this property has unique circumstances with regard to the t)-75’ <br />zones and the Planning Commission should determine what level of, if any, hardcover <br />variances are appropriate. Staff d(KS not find a hardship in order to encroach into the 75* <br />setback, and feels that in conjunction with any hardcover variances within the 75’-250' <br />zone all or some amount of the nonconforming hardcover existing within 75* of the lake <br />should be removed. <br />Issues for C'onsidrniuon <br />Arc there any other issues or concerns with this application? <br />Staff Recommendation <br />If the Plaiming Commission feels that the nature of this property on a point is a <br />significant hardship there may be justification for some level of hardcover variance in <br />order to approve this request.