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4. <br />5. <br />6. <br />The applicant purchased the home in November 2002 and prior to closing inquired <br />of the City as to whether the property was in compliance. As no Certificate of <br />Occupancy had yet been issued nor requested, and no inspections had been called for <br />in more than a year, staff visited the site and concluded that hardcover appeared to <br />potentially be excessive. The applicant then executed an agreement drafted by the <br />City Attorney to allow temporary occupancy while the matter of excessive hardcover <br />was resolved. Applicant then had an as-built survey performed, which confirmed that <br />the hardcover was at 50.8%, in excess of the 35% allowed, and portions are outside <br />of the property boundaries and potentially encroach on required wetland setbacks. <br />The Orono Planning Commission initially reviewed this application proposing a <br />reduction to 45.9% hardcover on June 16, 2003; tabled the proposal for further <br />reductions, and reviewed a revised proposal for hardcover removals on July21,2003. <br />Planning Commission voted 5-2 in favor of a recommendation to allow hardcover <br />level of 39.7% on the property per the revised proposal. <br />On July 28,2003 the City Council voted 4-0 to approve an after-the-fact variance <br />to allow hardcover on the property to exist at a level of 39.7%, based upon the <br />following unique findings and hardships: <br />A.Due to the site layout and variety of locations and elevations of access points <br />for the property, there is a practical difficulty in providing for vehicular and <br />pedestrian accessibility to the residence without the levels of hardcover <br />proposed. <br />B,The circumstances leading to the need for excess hardcover include an original <br />hardcover proposal that did not completely indicate the magnitude of <br />hardcover that would be needed to service the site; and the fact that the <br />applicant in good faith purchased the property under an expectation that the <br />hardcover excesses could be readily eliminated, and only after the purchase <br />learned of the actual extent of the excess. <br />C.The proposed hardcover at 39.7% where 35% is normally allowed is a <br />reason.ible compromise by the applicant in light of the history of the property, <br />and the reductions as proposed will result in a level of hardcover that is <br />necessary to provide reasonable accessibility to the residence, and will <br />Page 2 of 6 <br />1