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•02W30 <br />Augutl 14. 2003 <br />Page 4 of 6 <br />Hardship Anahifa <br />in comUtfing npplIcnHont/or variance, the Manning Conuntsslon shall consider the effect of the <br />proposed the health, safety and welfare of the community, existing and anticipated <br />traffic condittons. light and air, danger of fire, risk to the public safely, and the effect vn values of <br />enforcement would cause undue hardship because of circumstances unique to the individual <br />aalons win be In keeping with the spirit and Intent of the Orono Zoning Code. <br />Staff finds that while the proposed garage addition will not increase the hardcover on the <br />proiwty, the sir.ictural coverage will increase and the nature of the har Jeover uill change. <br />In addition there is 378 s.f. of hardcover within the 0-75’ /one where hardco\er is nontially <br />not allowed. 1 he hardcover within the 0-75’ zone consists of landscaping and a portion of <br />paved patio, stairs and landing for the 2"^ story deck. Additionallv. a fence along the east <br />property line that extends into the 0-75’ /one where a fence is nor^allv not allowed There <br />IS no hardship to allow this 378 s.f of hardcover to remain. <br />^dilionally, the hardcover in the 75’-250’ zone has been increased since the 1995 approval, <br />^e increases are due to fabric and/or plastic being re-installed mder the landscape beds, and <br />the addition of deck, pavers and walkways. There is n «hardship to allow the additional <br />3,774 s.f to remain. <br />Staff would make the following recommendations in regards to the criteria for “undue <br />hardship pertinent to this application: <br />1. "^c pro^-rty in question cannot be pul to a reasonable use if u.sed under conditic . <br />allowed by t!ie ofticial controls.” <br />In the opinio,, of stuff this criterion is not met. <br />2. -The plight of the landowner is due to circumstances unique to his propertv not <br />created by the landowner.” » t . <br />3. <br />In the opinion ofstaff this criterion is not met. <br />-The variance, if granted, wif not alter the essential character of the locality * <br />In the opinion of steff this criterion is met