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Hardship Statement <br />FILE #05-3138 <br />12 July 2005 <br />Page 4 of 4 <br />Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be <br />asked for additional testimony regarding the application. <br />Hardship Analysis <br />In considering applications for variance, the Planning Commission shall consider the effect of the proposed <br />variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light <br />and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The <br />Planning Commission shall consider recommending approval for variances from the literal provisions of the <br />Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances <br />unique to the individual property under consideration, and shall recommend approval only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br />Planning Staff feels that this property has unique circumstances with regard to the 0-75' zones <br />and the Planning Commission should determine what level of variances if any, is appropriate. <br />Staff does not find a hardship in order to encroach into the 75' setback further than absolutely <br />necessary in order to attach the garage, and feels that in conjunction with any hardcover <br />variances removal of some amount of the nonconforming hardcover existing within 75' of the <br />lake may be appropriate. <br />Issues for Consideration <br />1. Potential negative impacts on neighbor's western view of the lake due to the higher garage. <br />Are these views protected? <br />2. Potential increases in bulk and massing on the site due to the added building volume. <br />3. Creation of slightly more efficient parking situation is good, but site still is very small and <br />has minimal flexibility (most of non-garage parking area is off the property). <br />4. Potential issues raised by neighboring owners re: easements, landscaping, etc. <br />5. Other undefined issues? <br />Staff Recommendation <br />In recognizing the severe limitations of this property, Planning Department Staff recommends <br />approval of the lake, and average lakeshore setback variances, and approval of some level of <br />hardcover and structural coverage variances as the Planning Commission deems appropriate. <br />4