10-27-2003 Council Packet - Laserfiche WebLink

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M)3*295S October 20,2003 PageJofS Structural Coverage; The property is not subject to structural coverage requirements as it is over 1.99 acres, in accordance with Section 78-1403. Hardcover Calculations: No hardcover currently exists on the property other than the old foundation from the previous cabin. The applicant has indicated that he will build around this foundation but follow the same footprint as the old cabin indicated on the submitted survey from 1935. From the submitted survey it appears that the cabin is located exclusively in the 75-250 ’ zone and no structure or hardcover exists in the 0-75 ’ zone. The building footprint on the submined survey meets all hardcover requirements for the 75-250 ’ zone. The second residence located on the southern property boundary and the ice house (shown on the 1935 survey) no longer exists on the property and the applicant has indicated that he will only be constructing the cabin. Under no circumstances will hardcover variances be permitted and the applicant must submit hardcover calculations with the building permit application. Average Lakeshore Setback Variance The property is located on a point on the north western side of Big Island. The configuration of the propert> and location of the homes to the east and west of the subject property put the subject's property entirely within the average lakeshore setback as shown in Exhibit C. The applicant would not be allowed to construct any structure on the property if an average lakeshore setback variance w asn’t granted. The proposed structure would encroach approximately 150 feet into the average lakeshore setback. Lot Area Variance Currently, no structures exist on site. Because the applicant is proposing to build a cabin and the property is under the 5.0 acre minimum a variance is required to build. The lot is a legal lot of record and therefore buildable. Further, it w as granted buildable status as part of the creation of the RS District in 1983 (Section 78-568 (b). Record Lot No. 13). 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 upon the health, safety o»d 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 cottslderation, and shall recommend approval only when b is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. L_i uimataM mm