08-25-2003 Council Packet - Laserfiche WebLink

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W2-2930 August 14,2003 Pag«4or6 Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, sttfety and welfare of the community, existing and anticipated trqffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area, ne Planning Commission shall consider recommending approval for nrlances 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 pro^rfy 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 while the proposed garage addition will not increase the hardcover on the property, the structural coverage will increase and the nature of the hardcover will change. In addition, there is 378 s.f. of hardcover within the 0-75 ’ zone where hardcover is normally not allowed. The hardcover within the 0-75 ’ zone consists of landscaping and a portion of paved patio, stairs and landing for the 2"“ story deck. Additionally, a fence along the east property line that extends into the 0-75 ’ zone where a fence is normally not allowed. There is no h^dship to Allow this 378 s.f. of hardcover to remain. ^ditionally, the hardcover in the 75 ’-250’ zone has been increased since the 1995 approval Jie increases are due to fabric and/or plastic being re-installed under the landscape beds, and walkways. There is no hardship to allow the additional 3g774 s.f* to remain. Staff would make the following recommendations in regards to the criteria for “undue hardship pertinent to this application: I."pe property in question cannot be put to a reasonable use if used under condit allowed by the official controls." In the opinion of staff this criterion is not met. ions “The plight of the landowner is due to circumstances unique to his prooertv not created by the landowner." ^ ^ In the opinion of staff this criterion is not met 3."The variance, if granted, will not alter the essential character of the locality' In the opinion ofstaff 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." The applicant has not indicated that economic considerations are an issue with this project. I-