07-21-2003 Planning Packet - Laserfiche WebLink

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roof lines. MS-2912 July2l,2M3 Pagc3«rS Front Yard Setback Variance The applicanl has requested a front >tird setback variance to allow the construction of a second story addition. The existing home is setback 36.8 feet and the existing attached garage is setback 39 feel from the front property line, where 50 feet is required. The applicant isn’t proposing to encroach further on the front >’ard setback but to exclusively construct the addition above the existing building footprint and adjust roof lines. Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for his additional testimony regarding the triplication. Hardship Analysis _________ In eoHilderbtt appileattons for wianct, the Ptanttiag Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, eristhig and anticipated traffic conditions, light and air, danger office, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for %-arlances 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 It demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. The existing: residence was built in 1965, prior to the current requirements of the LR-1 A. One Family Lakeshorc Residential District requirements. In addition, the property is located within a zoning district with two acre minimum requirements, where the total area of the subject properly is 1.037 acres and the character of the neighborhood is that of one acre minimum lots. Both of these conditions arc inherent to the property and create a hardship. To alleviate the hard.ships, stafT finds it reasonable to consider this application in relation to the minimum setback requirements of one acre lots, w hich have 35 fool front yard setback and 10 foot side >-ard setback requirements. SldfT would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application; 1. "Tie property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." The property could exist In the manner that it currently exists should the variances be denied tSo alterations could be made to the existing home w ithout a variance. 2. "The plight of the landowner is due to circumstances unique to his prop;rty not created by the landowner." Became the home was constructed prior to the airrent zoning ordinance standards and is therefore legally non<ot\forming. the circumstances are imique and not created by the applicant 3. "The variance, if granted, will not alter the essential character of the locality." The character of the neighborhood is that of one acre lots w/ith 2 story homes, consistent m ith what