10-20-2003 Planning Packet - Laserfiche WebLink

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r Ortcbcr 10 MOJ P«|c3of5 applicant will be required to submit hardcover calculations with the building permit applration and appr . . ol me average lakeshore setback variance would stipulate that no ether variances be required, including hardcover. As f rage Lakeshore Setback Variance The applicants have proposed an approximate 3.400 s.f. house to be constructed in the location shown on Exhibit C. The subject propert>’ is a back lot which doesn’t allow the applicants to move the house to meet the average lakeshore setback while still meeting the lot setback requirements. .Aho. the topograph) of the applicant’s lot and the adjacent neighbor’s lot creates a lavout where views of the lake are not obstructed Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for additional testimony regarding the application. Hardship Analysis /n coHsli/eriitg mpplktlons Jot wiirtce. tht Ptanniitf Commtulon shoU comlJtr Ote tjjttt oftht proposed variance upon ihe health, safety and welfare of the community, etiuing and anticipated traffic conditions, light and air. danger of fire, rbk to the public safety, and the effect oit values of property in the surrounJing area. The Planning Commission shall consider recommending approval for %-orionces from the literal pravbions of the Zoning Code in Instances where their urict enfarcement would cause undue hardship because of citcumstances unique to the individual property under consideration, and shall recommend approval only when it Is demonstrated Aat such actions wilt he in beeping with the spirit and Intent of the Orono Zoning Code. Sta:T finds that due to :he co»ifiguration of the lot. its status as a back l<'t the location of the existing adjacent houses, and the topography of the immediate area, a house could not be constructed w ithout an average lakeshore setback variance. These circumstances create an undi. hardship unique to the property Staff would make the follow ing rccorr.mcndations 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 ortlcial controls." A rcasomthly sizeJ home could not be consinicied on the lot meeting the tnerage lakeshore seihjck in adJiiion the lot setback requirements "The plight of the landowner is due lo circumstances unique to h*s property not created by the landowner.* The lot being a back lol ful the topography of the adjacent area not affeuing ^ ie^^s are ciruimsianccs uniq:.e to the properly and not created by the landov^er 3."The variance, if granted, w ill not alter the essential character of the locality .* The essential character of the localtty uill not change Dickey Lake is a Satural Environment lake u hich requ:*"es a 150 ’ setback The proposed house meets this requirement k O____