10-20-2003 Planning Packet - Laserfiche WebLink

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FILE* 03-M*3 OctoMrQ 2003 Pagt4ef6 rebuilding ihcir home. The cunent hardcover amount in the 0-75’ rone is 8.9*/« 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 a*e located within the 0-75’ zone but arc not counted toward hardcover as they are excluded by the Zoning Ordinance. The 75’-250* zone currently has 43 6*', hardcover and the proposal will reduce hardcover by 9.5*/« with a total percentage of hardcover in this /one at 34. l»/o where 25% is permitted. Hardship Slalcracnl Applicant has provided a hardship statement in Exhibit B. and should be asked for additional testimony regarding the application Hardship Analvsis /« coniUertng mppUcttUmtfor vmrtMHct, tke PtamUig C0$mmiithm ikatt coniUtr the effect of the propote^ voriomce mpom the health, i^etf mmi weffte of the eommmmty. txbtUtg and anticipated trhffk eomdltlom, light amd air, danger of fire, ritk to *e pmhUe »^e^. and the effect on walnet of property bt the uirronnding area. The Planning Commhtlon shall contlder recommentOng approval for variances from the literal provtlams of the Zoning Code In bistencet where iheir Uriel enforcement would cause undue hardship because of elrcumstanees unigue to the Individual P^^P**ly under consideration, and shall recommend approve only when tt Is demonstrated that such actions Witt be in keeping with the spirit and Intent of the Orono Zoning Code. are a lormality m this sihiation and stall supports granting these vanx ’*.ces. Staff w ould make the following recommendations in regards to the criteria for “undue hardship" pertinent to this application; I. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." The property is 0 7/ acre and a reasonable home can be constructed on this site in the opinion of staff this criterion is not met. 2. "The plight of the landownci is due to circumstances unique to his propertv not created by the landowner." The applicant has proposed to reconstruct the entire home, thus requiring more strict standards than that of a remodel The property, excepting the lot u idth and lot area variance, must have a full review and be brought into compliance in the circumstance of a re-build 3. "The variance. If granted, will not alter the essential character of the locality." The existing home currently encroaches further into the side setback furtherln the opinion of staff this criterion is met 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The applicants have not indicated economic considerations as their hardship In the opinion ofstaff this criterion is met