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FilE •04-30W <br />Octo£)«* U 2004 <br />P»9*3of4 <br />Hardcover Calcwlattoni; <br />Hardcover Zooe <br />0-75 <br />75 - 250 <br />Total Area io <br />Zone <br />Aliened <br />Hardcover <br />12.8SSs.f. <br />(including non- <br />eontiguout ptoperTy <br />east of Catmam Ba%i <br />7.673 s f <br />KilMSED <br />Exhiing <br />Hardcover <br />REMOLD ; <br />Propoxed <br />f^llardcovcr_____j <br />Osf <br />(0^*) <br />Osf <br />(0%) <br />Osf <br />(0*.) <br />I.9l8s.f. <br />(25"o) <br />Revised <br />2.080 s f * <br />(27.1 %) <br />Revised <br />2.9SI sf, <br />(38.9%) <br />___ <br />* After exclusion of fabric or plastic-lined landscape beds <br />Side Street Setback Variance <br />The applicant has not redesigned the proposal to meet the 15' setback to the public right- <br />of-way, however the drive access remains off of Casco Point Road. <br />Hardcover Variance <br />The applicant has revised the plan and reduced the level of proposed within the 75* <br />250 ’ zone. The previously proposed hardcover percentage was or 4.442 s.f the <br />applicant has now proposed a hardcover percentage of 3S.9'?o or 2.981 s.f. This is a net <br />reduction of 19"i or 1,461 s.f. <br />Hardship Slatemenf <br />Applicant has completed the Hardship Documentation Fomi attached as Exhibit B. and <br />should be asked for additional testimony regarding the application. <br />Hardship Analysis <br />tn eoHsiiierlmg applications for xariance, the Planning Commission shall consider the ej/ist of the <br />proposed variance apon the health, safety and nelfate of the communit), existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the pubUe safety, and the effect on values of property in <br />the surrounding area. The Ptamning Commission shall consider recommending approsal for variances <br />from the iiteral provisions of the Zoning Code in instances nhere their strict enforcement would cause <br />undue hardship because of circumstances unigue to the individual property under consideration, and <br />shall recommend approval 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 s position remains that there is rK> hardship inherent to the land which would justify <br />the side street setback variance or the hardcover variance as proposed. There arc no <br />current or future plans to develop or vacate the Casco Point Road nght-of-way along the <br />property’s northern boundary', and the future public use of the right-of-way is unknown. <br />Staff Im contacted the Public Works Depariinent who request that the right-of-way be <br />clear of any encroachments. Staff believ es that the allow ed 55 ’ wide building en\ elope is <br />very reasonable and a setback variance to the side street is not justified. <br />Staff also docs not find a hardship for tins property to exceed the required 25% hardcover <br />limit. The applicant has proposed to redevelop the property, where the Planmng <br />Commission has consistently required full compliance with all regulations. Staff finds