08-25-2003 Council Packet - Laserfiche WebLink

Home Browse Search

#03-2927 August 13. 2003 Page 3 of 4 75 - 250 250-500 20170 s.f. 8424 s.f. 5418.6 s.f (25%) 2527 s.f (30%) 0 s.f * (0%) 0 s.f * (0 %) 5040 s.f (24.9%) 745 s.f (8.84 %) * After exclusion of fabric or plastic-lined landscape beds Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance npon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from 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 finds that the applicant meets all the minimum requirements with the exception of lot area and lot width. Because the lot is a legal lot of record these non-conformities are inherent hardships. The applicant has indicated to staff their plan to vacate Forest Boulevard. Should Fores; Roule'iard be vacated there would be an additional 3840 s.f added to the lot area. The lot would then have a total area of 36,124 s.f (0.82 acre) thus bringing it closer to conformance. Stafl'would make the following recor.uucr.Joticr.s in regards to the criteria for “undue hardship" pertinent to this application: 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." The loi is not buildable unless a variance is granled. In the opinion ofstaff this criterion is met. 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." In the opinion of staff this criterion is met. 3."The variance, if granted, will not alter the essential character of the locality.' In the opinion of staff this criterion is met. 4."Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." N/A Undue hardship also includes, but is not limited to. inadequate access to direct