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constitute an encroachment because the Slate Building Code requires railings wiMn patios/decks are <br />more than 30 inches above grade. The Building Code requires railings to be 3 Vi in height. The total <br />height of the deck/patio would then be 6 feet. <br />Section 10.03, Subdivision 14 of the Zoning Ordinance states the following: ‘Tennis courts, por/oj. <br />decks, and ail similar “open” structures when partially or fully enclosed by fences, railings or walls <br />which extend more than 6* above grade level, the entire structure shall count towards lot coverage.” <br />The City of Orono has interpreted this section of ordinance to include anything that i. considered lot <br />coverage or structural coverage to be structure and those structures are not penniited to encroach <br />into the average lakeshore setback. <br />Required Setbacks LR-IC <br />Front Yard = 30* <br />Side Yard-10' <br />Lakeshore-75' <br />Hardship: <br />I, Approval of a variance would require a hardship be inherent in the land. The fact that there <br />may have been an error in a site plan would not necessarily be an issue with the land. <br />However, the irregular shape of the lakeshore does have an impact on the property. <br />The City of Orono has been consistent with ikw construction that lots develop to not exceed <br />allowed limitations for hardcover. The lot has been developed to use all the allowed <br />hardcover in the 75-250' setback. Any additional hardcover would require a variance. <br />Staff Recommeudatlon <br />Staffrecommends denial of the application based on the Staffs finding that no hardship exists that <br />would allow additional hardcover in the 75-250' setback. Orono has been consistent with new <br />construction that lots develop without requiring N-ariances. <br />Options for Action: <br />1. Recommend approval of variances. <br />2. Recommend denial of variances, staling reasons. <br />3. Table for additional information. <br />4. Other action. <br />•265ISlcptMfiL<Mi I lac M bcMfor aob« nd Icfiaiy <br />2696 CarolifM Avcmic <br />Wmmea * hMic He«iag <br />Pite3or4 <br />jm