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NO4.3067 <br />November IS, 2004 <br />Pb|c 4 of 6 <br />is not included as hardcover. <br />Hardcover Variance j u tj <br />The applicant has proposed to tear down the west half of the home and rebutld an <br />addition behind llic average lakcshure setback line and meeting the side and street yard <br />setbacks Hou-ev'cr. the property currently exceeds the 25% hardcover allowance for the <br />75 ’-250 ’ zone, and although a net reduction in hardcover is proposed, a hardcover <br />variance is still required as the property exceeds the allowed 25*/o <br />The property also contains an excessive amount of hardcover within the 0-75 zone No <br />hardcover changes arc prop, sed within this zone, however hardcover has illegally <br />appeared since a 1999 hardcover variance approval and the hardcover must therefore be <br />reviewed. <br />Hardship Statement <br />Applicant has provided a Hardship Documentation Form in Exhibit C. and should be <br />asked for additional testimony regarding the application <br />Hardship Analysis <br />/n conttdertng appUcattoH% for variance, the Planning Conmiuion \hall contUer the effect of the <br />propoted variance upon the health, tafety and welfare of the comniunify, exlulng and anticipated <br />tr^fflc conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property In the surrounding area. The Planning Comnihslon shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the Individual <br />property under conslderatlou, and shall recommend approval only when It Is demonstrated that such <br />actions will be In keeping with the spirit and intent of the Orono Zoning Code.___________ <br />Staff finds that the hardships and conditions found and noted in the resolution approved <br />in April of 1999. attached as Exhibit K, remain valid and staff therefore recommends <br />approval of the hardcover variance request. The applicants have proposed 29.89®'o <br />hardcover in the 75*-250* zone and therefore meet the 29.9® 'o allowance of the April 1999 <br />variance resolution, with a net reduction of 3 s.f. proposed. <br />Howrver. staff noted that a wood platform at the lake has appeared since the April, 1999 <br />approval. Staff finds no additional hardships to allow this wood platform to exist within <br />the 0-75 ’ zone. The survey used to approve the 1999 hardcover variance did not include <br />this structure and it therefore has been illegally erected since that time. Because <br />variances run with the property and not with the owners, and no additional hardships <br />have been presented, the structure labeled “wood plaifonn ” on the survey should be <br />required to be removed in conjunction with this proposal. The applicant hu expressed <br />his desire to keep the wood platform for a place to store his dock. Staff finds that the <br />applicant has the right to use removable dock sections for storage of a dock in the winter <br />rime only, but no structure may be permanently allowed and nothing should exist in this <br />location during the summer when the dock is in the water.