11-24-2003 Council Packet - Laserfiche WebLink

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L FILEM3-29S0 November 7.2003 Page4or6 eastern property line. The garden was located by the surveyor approximately 3-4** over the property line and should be located entirely within the applicants property. Per City Code Section 86-66, a permit is required for construction within the City of Orono. City Code also states that non-roofcd tennis courts, pools, paddocks and arenas are not subject to the mxximum accessory structure size limitations, however, the above structures in e.xcess ot 1000 s.i. are subject to additional setback requirements. Had a permit been applied for in this case, the applicant and the contractor would have been made aware of the 30’ side setback for oversized sport courti (which are treated as tennis courts). The intent ^eater setback requirement for sport courts is to minimize both the visual and activity impacts to neighboring properties. A sport court 6 ’ from the lot line has a much pater impact due to the noise, potential glare, lighting, and merely the activity associated with such a recreational facility, as compared to one 30* from the lot line. Further, the opportunity for adequate screening is lost with only a 6* setback. Hardship Statement Applicant has provided a hardship statement in Exhibit B. and should be a.ked for additional testimony regarding the application. Hardship Anaivsis undue hardship because of circumstances unique to the inm idualproperty under consideration, and shall recommend approval only when it u demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. ^ * The applicants suggest that their lot has features and factors that force the court to be in tins location. However. Staff n.-:ds that, due to the size, location and nature of other features on this property, the property cannot support the 2380 s.f. sport court The ‘>- acre property cuirently has a 1.176 s.f. in-ground pool with a large patio surround.^a pergola-covered brick tireplace with a gathering area adjacent to the pool, septic tanks the existing mound septic systeir. and alternate secondary mound location in addition to the home. These features accoira for nearly 17,000 s.f. (19 %) of the property. Staff identified an alternate location for Lhe sport court confonning to setbacks (Exhibit F). Staff would make the following recommendations in regards to the criteria for “undue hardship pertinent to this application: flYiWklliriTWiir j