07-28-2003 Council Packet - Laserfiche WebLink

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«K)3-2895 July 21,2003 Page 4 of 6 75 - 250 4,882 s.f.1,220.5 s.f. (25%) 2,283 s.f.* (46.8 %) 2,463 s.f. (50.5 %) * After exclusion of fabric or plastic-lined landscape beds Hardcover Variance The applicant is proposing to construct a second story deck on the lake side of the home. The proposed deck would be 12 ’ x 12 ’ with stairs 3’ x 12 ’ extending off the back towards the lake. The construction of this deck with the associated stairway would constitute an additional 180 square feet of hardcover. As mentioned in the background section of this report, the property received a variance to construct 40% hardcover. With the additional driveway space, needed retaining walls, and added bump-out to the home during construction, the hardcover is now in excess of 46%. Lot Coverage by Struetures Variance Currently, the home is in excess of the allowed 1,500 square feet by 28 square feet. This was a result of modifications to the plan upon construction of the home. These modifications include the 1.5’ x 12 ’ two-story bump-out and enlarged deck entry. A variance was never granted for lot coverage by structures. 1 he applicant is proposing a second story deck and stairway off the lake side of the home. This deck would be greater than 6’ above grade and therefore be included in the lot coverage by structures figure. Because the applicant currently does not meet this requirement, is requesting additional structure coverage, and a variance was never granted one must be approved prior to construction of the proposed deck. Hardship Statement The applicant has provided a brief hardship statement in Exhibit A, and should be asked for additional testimony regarding the application. Hardship Analysis In conslde, g appUcatU ms 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 shall consider recommending approval for variances front the literal provisions of the Zoning Code In instances where 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 will be in keeping with the spirit and Intent of the Orono Zoning Code. Staff docs not find a hardship for either variance. The existing conditions do not meet the stipulations of the variance that was approved in April 2001. The applicant was held to a specified hardcover amount previously and has exceeded that. Also, the applicant made modifications to the home and property during the construction process which constituted an additional 28 square feet of lot coverage by structures. Should a variance be granted the intent of the code would not be met. Further, the applicant should be held to the 40% hardcover and 1,500 square foot lot coverage by structure stipulations which were approved in April 2001. This would consist of the applicant removing existing hardcover