07-28-2003 Council Packet - Laserfiche WebLink

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M3-2912 July 21,2003 Page 3 of 5 roof lines. Front Yard Setback Variance The applicant has requested a front yard setback variance to allow the construction of a second story addition. The existing home is setback 36.8 feet and the existing attached garage is setback 39 feet from the front property line, where 50 feet is required. The applicant isn’t proposing to encroach further on the front yard setback but to exclusively construct the addition above the existing building footprint and adjust roof lines. Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for his additional testimony regarding the application. Hardship Analysis In considering appiications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, tight and air, danger of fire, risk to the public safely, and the effect on values of property In the surrounding area. The Planning Commission .^kall consider recommending approval for variances from the literai provisions of the Zoning Code in Instances inhere their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approval only when it is demonstrated that such actions wilt be in keeping with the spirit and Intent of the Orono Zoning Code. The existing residence was built in 1965, prior to the current requirements of the LR-IA, One Family Lakeshore Residential District requirements. In addition, the property is located within a zoning district with two acre minimum requirements, where the total area of the subject property is 1.037 acres and the character of the neighborhood is that of one acre minimum lots. Both of these conditions are inherent to the property and create a hardship. To alleviate the hardships, staff finds it r easonable to consider this application in relation to the minimum setback requirements of one acre lots, which have 35 foot front yard setback and 10 foot side yard setback requirements. Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1.M*The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." The property could exist in the manner that it currently exists should the variances be denied. No alterations could be made to the existing home without a variance. 2.“The plight of the landowner is due to circumstances unique to his property not created by the landowner." Because the home U’or constructed prior to the current zoning ordinance standards and is therefore legally non-conforming, the circumstances are unique and not created by the applicant. 3.“The variance, if granted, w ill not alter the essential character of the locally.” The character of the neighborhood is that of one acre lots with 2 story homes, consistent with what i