10-27-2003 Council Packet - Laserfiche WebLink

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«^03-2956 October 20« 2003 Page 3 ofS applicant will be required to submit hardcover calculations with the building permit application and approval of the average lakeshore setback variance would stipulate that no other variances be required, including hardcover. Average Lakeshore Setback Variance The applicants have proposed an approximate 3,400 s.f. house to be constructed in the location shown on Exhibit C. The subject property is a back lot which doesn ’t allow the applicants to move the house to meet the average lakeshore setback while still meeting the lot setback requirements. Also, the topography of the applicant's lot and the adjacent neighbor’s lot creates a layout where views of the lake are not obstructed. 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 Conmission 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, 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 due to the configuration of the lot, its status as a back lot, the location of the existing adjacent houses, and the topography of the immediate area, a house could not be constructed without an average lakeshore setback variance. These circumstances create an undue hardship unique to the property. Staff would make the follow ing recommendations 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." A reasonably sized home could not be constructed on the lot meeting the average lakeshore setback in addition to the lot setback requirements. 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." The lot being a back lot and the topography of the adjacent area not affecting views are circumstances unique to the property and not created by the landowner. 3.“The variance, if granted, w ill not alter the essential character of the locality." The essential character of the locality will not change. Dickey Lake is a Natural Environment lake which requires a 150 ' setback. The proposed house meets this requirement. t