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Variances 09-3428 14 October 2009 Page 3 of 5 Lot Area : The combined area of the four lots is 34,400 s.f. or 0. 79 acres when the zoning district requires two acres. Street and Side Yard Setback: The existing home meets the street and side yard setback requirements . The applicants ' proposed home does not meet any yard setback requirements . They have proposed a 41 .2 foot setback from Crestview, which will essentially become their front/street yard with the driveway reorientation ; a 48 .2 foot setback from Bays ide Road is proposed where a 50 foot setback is required from both streets . They have proposed 16.9 foot to 24 foot setbacks from the side lot lines where 30 feet is required . Creek Setback: The house would be as close as 48 feet to the creek when the shoreland regulations require a 75 foot setback . The gravel driveway and attached garage on the existing home on the property were located entirely within the 75 ' creek setback . Hardcover: Hardcover in the O to 75 foot zone is proposed to be 11 .24%, reduced slightly from the existing 11.4%. Hardcover within the 75 '-250 ' zone jumps from an existing 11 .1 % to 33 .6% proposed . In addition to the proposed 3,682 s.f . home and 715 square feet of proposed patio , and 2,018 square feet of hardcover in the driveway and courtyard , there are 315 square feet of proposed retaining walls and a proposed foot bridge spanning the creek . Conditional Use Permit Since the earthwork will take place with in the creek , within the O to 75 foot zone and exceeds 10 cubic yards a conditional use permit is required. The applicants are working with the MCWD on the stream bank stabilization project. Copies of the MCWD permits are required to be submitted to the City . 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. Issues for Consideration 1. Will the proposed home be compatible with the surrounding neighborhood? 2 . What is the impact of the creek setback variance on hardcover? While the proposed home is situated at a similar setback from the creek as the existing home the square footage of new structure that w ill be within the 75 ' creek setback is cons iderably greater than is existing. The applicants are proposing to remove the entire gravel driveway which exists within the 75' setback and replace with native vegetation . Staff suggests the Comm ission discuss this continued and increased encroachment and its effects on the property. 3. How does the size of the proposed home impact location as it relates to the setback variances as well as the hardcover variances? Staff suggests the Commission discuss the size of the house in relation to the