10-20-2003 Planning Packet - Laserfiche WebLink

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75-250 41,920 s.f.10.480 sf. (25%) 10.309 $f.« I (24.5%) a03-:«5« October 20.200J Pac«3olS I 11.309 S.f 1(26.9%)______ 250-500 111.199 s.f.33.359 s.f. (30«.) 4.381 5 f (3.9«oi 4.381 s.f (39*.) * After exclusion of fabric or plastic-lined landscape beds Hardcover Variance The applicant is proposing to construct approximatcK 1.0(X) square feet of patio on the lake si^ of the home. The survey for the addition depicted 168 squire feel of patio However, currently only 8 square feel of patio exists The proposed patio would be located in the 75-250 ’ zone where the hardcover percentage is currently at 24.5^o. The Zoning Ordinance allows 25% hardcover in the 75-250 ’ zone howe\ er with the proposed 1.000 square fool patio the hardcov er would rise to 26.9?'», resulting in the need for a hardcover variance. The propen> is conforming wi;h respect to hardcover in the 0-75* and 250-500' zones. Upon a site inspection, staff discovered that landscape fabric is currer/Jy being installed. The building permit for the addition indicates that all landscape fabric must be removed. The applicant has not disclosed this fabric, nor included it in the hardcover calculations as it isn’t allowed regardless. The Planning Commission should ques'don the applicant on this matter and make a determination on whether the fabric is acccpu ’rlc or not Hardship Slalencnt Applicant has provided a brief hardship statement in Exhibit B. and should be asked for additional testimony regarding the application Hardship Analysis _______________ /a cotukkrUtg appIkmUomsfor vmriance, the nantibig Commitsion ^katl consUer the tffect of the ^npou^ vmrkutct upon ike heatih. tafety and welfare of ihe commaak, existing and aailcipateJ mffk camdMem, t^kt and air, danger of fire, risk la tke public s^ety. and the effect on rabies of proper^ in tke smrrommding area. Tke Planning Commitsion skatl consider recommending approxat foe taelmicea from tke ikeralprorbions of ib« Zoning Code in inuances where their strict enforcement would cause undue hardship because of circumstances unhiue to the individual pnperty under consIderalioH, and shall recommend appro > al only when bis demonstrated that such acth>ns will be In keeping mbh bte spirit and Intent of tke Orono Zoning Code. Staff does not find a viable hardship to grant approval of the hardcov er variance request. The applicant removed patio hardcover in 2002 in order to construct addition to the home. The applicant at that lime could have adjusted hardcov er amou.nts to allow for the proposed patio but chose to accept a 168 foot patio as indicated in Exhibit D (with .!*/• hardcover to spare). Should the applicant wish to construct additional patio. .5% could be constructed amounting to a total patio increase of 171 square feet for a total patio area of 179 square feel (including the 8 s.f which already exists). This would put the property at 25^ p hiudeov er and not require a v ariance. Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: