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RLE I04-3022 <br />a Nov#ms«r 2CC4 <br />P*gt 3 cf 3 <br />Rear Yard Setback Variaocc <br />In 2000, the Skoogs received a front yard and rear yard setback variance in order to <br />construct a garage and kitchen additions to their existing home. Upon approval of the <br />variances the applicants constructed their garage addition, but were not able to construct <br />their kitchen addition within the onc-year time period and the rear yard setback variance <br />expired <br />Hardcover Variance <br />During the 2000 variance review the hardcover calculations were incorrectly based on tlie <br />entire property being located within the 500 ’- 1000* zone. With the renewal variance <br />request staff required an updated survey and revised hardcover calculations to show the <br />newly constructed garage and the addition of a pool. Those revisions were submined by <br />the applicants and reflected portions of the property within the 250* - 500 ’ zone. <br />Currently the 250* -500* zone is within hardcover limits but including rock lined with <br />plastic the 500* - 1000* zone is c.xcecding the 35% limit. <br />Hardship Statement <br />Applicant lias completed Uie Hardship Documentation Fonn attached as Exhibit B, and <br />should be asked for additional testimony regarding the application <br />Hardship Analysis <br />/« centidtrlng appUealiaits for variance, the Planning Comminlon ihall conilder the effect of the <br />propo%ed variance upon the health, tafety and welfare of the community, exhting and anticipated traffic <br />condillom, light and air, danger of fire, rhk to the public lafety, and the effect t»/r vainet of property in <br />the turrounding area. The Planning Conimiition ihall coniider recotntnendlng approval for wrlnncet <br />from the literal provisions of the Zoning Code in instances where their strict enforcement wouid cause <br />undue hardship because of circumstances uttitpte 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 finds that due to the size of the applicants* lot and the other lots in this <br />neighborhood and the 2-acre zoning district setback hmitations there may be hardship to <br />justify granting the rear yard setback variance, however, the existing home is currently <br />confonning with only the deck encroaching into the 50* setback. With respect to <br />hardcover, upon removal of the plastic liners in the rock beds the property is within the <br />35% limit for tltc 500 ’ - 1000 ’ zone. <br />Issues for Consideration <br />Arc there any other issues or concerns with this application? <br />Staff Recommendation <br />If the Planning Commission feels that the size of the lot within a 2 acre zone is a <br />significant hardship then Planning Staff recommends approval of the rear yard setback <br />variance for the kitchen addition. Additionally, the applicant should be required to <br />remove all the plastic liners in the landscape beds to eliminate the need for a hardcover <br />vanance.