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M5-299S <br />Ociolwr 20.2003 <br />p«t«3«rs <br />Stinctnrml C ovctmo : <br />The property is not subject to structural coverage requirements as it is over 1.99 acres, in <br />accordance with Section 78*1403. <br />HardcifT CaldtlaHaaf ! <br />No hardcover currently exists on the property ’ other than the old foundation from the <br />prev-ious cabin. The applicant has indicated that he will build around this foundation but <br />follow the same footprint as the old cabin indicated on the submitted survey from 1935. <br />From the submitted survey it appears that the cabin is located exclusively in the 75*250* <br />zone and no structure or hardcover exists in the 0-75* zone. The building footpnni on the <br />submitted survey meets ail hardcover requirements for the 75-250' zone. The second <br />residence located on the southern property boundary and the ice house (shown on the <br />1935 survey) no longer exists on the property and the applicant has indicated that he will <br />only be constructing the cabin. Under no circumstances will hardcover variances be <br />permitted and the applicant must submit hardcover calculations with the building permit <br />application. <br />Average Lakeshore Setback Variance <br />The property is located on a point on the north western side of Big Island. The <br />configuration of the property and location of the homes to the east and w est of the subject <br />property put the subject's property entirely within the average lakeshore setback as <br />shown in Exhibit C. The applicant would not be allowed to construct any structure on the <br />property if an average lakeshore setback variance wasn't granted. The proposed struenue <br />would encroach approximately 150 feet into the average lakeshore setback. <br />Lot Area Variance <br />Currently, no structures exist on site. Because the applicant is proposing to build a cabin <br />and the property is under the 5.0 acre minimum a variance is required to build. The lot is <br />a legal lot of record and therefore buildable. Further, it was granted buildable status as <br />part of the creation of the RS District in 1983 (Section 78*568 (b). Record Lot No. 13). <br />Hardship Statement <br />Applicant has prov ided a brief hardship statement in Exhibit A. and should be asked for <br />additional testimony regarding the application. <br />Hardship Analyib ________________________________ <br />/« eomUering tppUc*tlon%/or variance, the Ptannhig Cammiuhn ihatl eomuier the effect of the <br />propoted varhtHce upon the keatth. $afety and welfare af the cotnmunliy, existing and anticipated <br />traffic conditions, light and air, danger offlrt, risk to thepmNic safety, and the effect on values of <br />property in the surrounding area. The Hanning Commission thatt consider recommending approval <br />for variances from the literal provisions of the Zoning Code in instances where their urict <br />enforcement would cause undue hardsh^ because of drcurrsttances unique to the individual <br />property under consideration, and shatt recommend approval ont) when it is demonstrated that suck <br />actions will be In beepint wUi the spirit and intent of the Orono Zoning Code.