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Average Lakeshore Setback Variance FILE# 04-3043 August 9 , 2004 Page 4 of 4 Half of the existing home , including the subject deck , is located within the average lakeshore setback. The shoreline runs at an angle to the properties along this portion of CSAH 15 and the neighboring homes are staggered such that the property to the south of the applicants ' is entirely behind the applicants' home . The proposed deck is completely blocked from view of the property owner to the south by the applicants' home. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B , and should be asked for additional 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 on 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 with respect to the average lakeshore setback variance the angle of CSAH 15 and the staggering of the homes along the lake , the reconstruction of the existing deck will have minimal impact on the lake views from the neighboring properties. Also, due to the location of the existing home and the narrowness of the lot there is hardship for the side setback variance as 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 . However, staff does not find that a hardship exists for which to grant the hardcover variance and the applicant should be required to relocate the driveway parking area hardcover so as not to exceed the current 75'-250' hardcover level. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakeshore setback and side setback variances, and denial of the hardcover variance request. The applicants' should be required to not exceed their existing level of hardcover within the 75'-250' setback zone. 4