10-27-2003 Council Packet - Laserfiche WebLink

Home Browse Search

«K)3-2954 October 20« 2003 Page 3 ofS 75 - 250 250 - 500 41,920 s.f. 111,199 s.f. 10,480 s.f 125%) 33,359 s.f (30%) 10,309 s.f* (24.5%) 4,381 s.f* (3.9%) 11,309 s.f (26.9%) 4,381 s.f (3.9%) After exclusion of fabric or plastic-lined landscape beds Hardcover Variance The applicant is proposing to construct approximately 1,000 square feet of patio on the lake side of the home. The survey for the addition depicted 168 square feet of patio. However, currently only 8 square feet of patio exists. The proposed patio would be located in the 75-250 ’ zone where the hardcover percentage is currently at 2A.5%. The Zoning Ordinance allows 25% hardcover in the 75-250 ’ zone however with the proposed 1,000 square foot patio the hardcover would rise to 26.9%, resulting in the need for a hardcover variance. The property is conforming with respect to hardcover in the 0-75 ’ and 250-500* zones. Upon a site inspection, stalTdi :overed that landscape fabric is currently being installed. The building permit for the aduttion indicates that all landscape fabric must be removed. The applicant has not disclosed this fabric, nor included it in the hardcover calculations as it isn’t allowed regardless. The Planning Commission should question the applicant on this matter and make a determination on whether the fabric is acceptable or not. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B. and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Conmisslon shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, end the effect on values of property in the surrounding area. The Planning Commbslon 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 does not find a viable hardship to grant approval of the hardcover variance request. The applicant removed patio hardcover in 2002 in order to construct an addition to the home. The applicant at that time could have adjusted hardcover amounts to allow* for the proposed patio but chose to accept a 168 foot patio as indicated in Exhibit D (with .1% hardcover to spare). Should the applicant wish to construct additional patio, .5% could be constructed amounting to a total patio increase of 171 square feet for a total patio area of 179 square feet (including the 8 s.f. which already exists). This would put the property at 25% hardcover and not require a variance. Staff would make the following recommendations in regards to the criteria for “undue hardship ” pertinent to this application: if ■■■niMlai iWiri I