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08-25-2003 Council Packet
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08-25-2003 Council Packet
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#03-2933 <br />August 11,2003 <br />Page 6 of9 <br />boundaries. To do this, without tearing the entire house down, a separate meter must be <br />installed. 1 he intent of this condition is to not have a separate address paying for the <br />separate meter. The applicants have indicated they will not be using the apartment as a <br />means for income but rather for convenience for their guests and therefore meet the intent <br />of the condition set forth in the conditional use permit requirements. <br />Hardcover Variance <br />The applicants are proposing a larger accessory building than the two car garage that <br />currently exists. Therefore, hardcover is ultimately being added to the property. The <br />new building will be located in the 250-500 ’ zone and will meet the 30% hardcover for <br />this zone. However, the 75-250 ’ zone is currently over on hardcover and because <br />additional hardcover is being added to the property, this extra hardcover is up for <br />discussion. <br />All work is being conducted in the 250-500 ’ zone. The applicants are adding a larger <br />garage and a new patio connecting the pool and entertainment room. In addition, they are <br />proposing a net loss in driveway (combination of new pavement in the 250-500 ’ zone and <br />reducing pavement in the 75-250 ’ zone by 239 s.f.). This brings the total added <br />hardcover in the 250-500 ’ zone to 860 s f. Potential removals at a 1:1 ratio of added <br />hardcover would be consistent with what has been approved previously. This would <br />amount to a reduction of 860 s.f. hardcover within either the 75-250 ’ or 250-500 ’ zones <br />or combination thereof <br />Hardship Statement <br />.Applicant has provided a brief hardship statement in Exhibit B, and should be asked for <br />additional testimony regarding the application. <br />Hardship Analysis <br />In considering applications for variance, the Planning Commisuon shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Piannbtg Commission shall consider recommending approval <br />for variances fro u the literal provisions of the Zoning Code in instances where their strict <br />enforcement would cause undue hardship because of circuntstances uni»iue to the individual <br />property under consideration, and shall reconmetid approval only when it is demonstrated that such <br />actions h til be in keep in it ith the spirit u,*d intent of me Orono Zoning Code. <br />S?afTfinds that a hardship exists to allow a variance for the separate water meter. <br />Further, the City advised the applicants that they needed to keep utilities within the <br />property boundaries creating their hardship. 1 herefore. because they applicants will not <br />be billing the w ater meters separately and conform to all other conditions of the CUP, <br />staff recommends approval of this \ ariance request. <br />Staff does not find a hardship that w ould constitute adding hardcover to a propertv that is <br />currently over. Staft w ould favor a “trading ” of hardcover from zone to zone where the <br />net hardcover would not increase, however the applicants have not agreed to do this. <br />Hardcover is over in the 75-250 ’ zone by 9% which amounts to 1,193 s.f Hardcover in
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