10-20-2003 Planning Packet - Laserfiche WebLink

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FiLEi 03-2953 OctOt)*'20 2003 Pa«t4o>6 Hardcover Setback \’ariaac« The applicants arc proposing to reduce the amount of hardcover on their property in rebuilding their home. The current hardcover amount in the 0-75* /one is 8.9*o including the lakeside deck and stair The applicants have proposed reductions to reach 0 •• hardcover within this zone. The existing stair to navigate their steep slope will be modified slightly from the existing and a 32 s.f. platform are located within the 0-75 ’ zone but are not counted toward hardcov er as they arc cxclud' J bv the Zoning Ordinance. The 75*-250* zone currently has 43.6 “o hard* ner -•nd the propt>saI will reduce hardcover by 9.5*o with a total percentage i*l Hardcover in this /one at 34 where 25*o is permitted Hardship Statement Applicant has provided a hardship statement in Exhibit U. and should be asked for additional testimony regarding Uk application. /« cmnUttiHg applkMkmt for vmriamet, tht Mutatef CommhtloH %k*tt comlJfr lAe tJTfct of Ike fropoie^ rorloHce upon Ike keokk, to/eiy ooi welfare of ike commooil)'. exbtimg omt tinkipoied irmffic emuHriomt, tigki and air. dmmier offire, rhk to Ike public %«/et}, and dte effeci on xotnea of property In Ike imrraimdlmg mrem. The hottmimg CommhiioH iholt comtider recommemdimg approval for varimmeex from die literal provbioax of ike lomtmg Code la biuomcet wkere tkeir Uriel enforcemem would camte amdae kordiklp became of clrcumuamcei amigme lo ike ladMdmal properly mmder coaUderadom, and ikoU recommend approval oafy wkem It b demomuraied ik-ti uii k actlom will be In keeping wkk ike iplrk and Inieni of ike Orono Xoning Code. Hardship Analysb Although the applicants have included detailed hardship statement:, in support of their request. stafT finds that a hardship docs not exist to support granting the side yard setback variances or the hardcover variance as this project is a complete re-build. Re-build situations arc an opportunity to evalu.itc the property and assure conformity and compliance with the zoning requiiemcnts However, the lot area and lot width variarKcs are a formality in this situation and staff supports granting these variance's. StafT would make the following 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.* The property is 0 “I acre and a reasonuhle home can be constrncieJ on this site In the opinion of staff this criterion is not met 2. "The plight of the landowner is due to circumstances unique to his property rtot created by the landowner." The applicant has proposed to reconstruct the entire home, thus requiring more strict standards than that ojf a remodel The property, excepting the lot width and lot area variance, must have a full review and be brought into compliance in the circumstance