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* After exclusion of fabric or plastic-lined landscape beds Side Yard Setback Variance FILE #06-3216 August 10 , 2006 Page 3 of 3 The north side of the home is currently located as close as 9.9' from the side lot line and tapers 12' at its most conforming corner. The applicants are proposing to construct their attached garage (including the roof overhang) no closer to the side lot line than 1 O'. Hardcover Variance The applicants are proposing to construct an attached garage and covered porch entry which are both proposed to be constructed over existing non-structural hardcover. The property currently has 26% or 5,156 s.f. of hardcover within the 75'-250' setback zone; the applicants are proposing to relocate the parking area of their driveway into the 250' - 500' zone to eliminate the need for a hardcover variance within the 75' -250' zone. Hardship Statement If the Planning Commission desires the applicants should be asked for hardship testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect 011 values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that regarding the location of the existing home and the narrowness of the lot there is hardship for the side setback variance. If the garage were required to meet the 30' setbacks on both sides it would have to be constructed directly in the middle of the existing home blocking an existing porch and the main entry. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the side setback variance to construct the attached garage. The applicants' should not exceed their 25% hardcover within the 75'- 250' setback zone. The applicants will also be required to comply with all of the Engineer's recommendations. 3