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FILE#04-2990 <br />8 March 2004 <br />Page 4 of 4 <br />requesting a hardcover variance within the 75'-250' zone for 44.98% where 25% is <br />normally allowed. <br />The adjacent homes have hardcover in the 75'-250' setback zone between 30%-50.4%. <br />The applicants' request does not seem to be out of line for this neighborhood. <br />Hardship Statement <br />Applicants have completed the Hardcover Documentation Form attached as Exhibit B, <br />and should be asked for additional testimony regarding the application. <br />Hardship Analysis <br />In considering applications for variance, the Planning Commission shall co11sider the effect of the <br />proposed varia11ce upon the health, safety a11d welfare of the commu11ity, existing and a11ticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in <br />the surrounding area. The Planning Commission shall co11sider recommending approval for variances <br />from the Literal provisions of the Zoning Code in instances where their strict enforcement would cause <br />undue hardship because of circumstances unique to the individual property u11der consideration, and <br />shall recommend approval only when it is demonstrated that such actions will be in keeping with the <br />spirit and inte11t of the Orono Zoning Code. <br />Staff finds that due to the size of the lot there is a hardship in order to grant the variances <br />requested. The existing hardcover on the property is 11 % in the 0-75' zone and 4 7% <br />within the 75'-250' zone. The he applicants are reducing the overall and all of the <br />setbacks will be met with the new residence. The proposed deck is minimal, only 121 s.f. <br />and meets all of the setbacks. <br />Issues for Consideration <br />Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Staff recommends approval of the variances as requested. <br />4