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Hardcover Variance (0-75' & 75'-250' zones) #05-3142 October 17, 2005 Page 4 of5 The property has two hardcover zones; the 0-75' zone and 75'-250' zone. 1,131 square feet of hardcover currently exists in the 0-75' zone where 0 s.f. is normally allowed. Also, 2,298 s.f. (or 20%) hardcover exists in the 75'-250' zone where 25% is normally allowed. However, in order for the entire property to be within allotted hardcover allowances the 0-75' hardcover gets transferred back to the 75'-250' zone (or 0-250') bringing the hardcover in the 75' -250' zone to 3,429 s.f. or 30%, which was approved in the June 2004 variances. The applicants have proposed to remove 147.5 s.f. of non- structural hardcover in order to be permitted a shed. This would yield a net decrease in hardcover of approximately 3 .5 s.f. The removals consist of a smaller front sidewalk and elimination of the driveway strip along the side of the garage. Hardship Statement Applicant has provided a brief hardship statement in 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 keep inf! with the spirit and intent of the Orono Zoninf! Code. Staff finds that the property is unique due to the overlapping street and lake setback requirements with the additional wetland restrictions. Those hardships are documented in Resolution 5198 approved in 2004. The proposal meets the intent of the code, being that no increase in hardcover is proposed, the shed is not located closer to the street than the existing house, the lake setback is met, as well as wetland and side yard setbacks. However, a remaining issue is the City policy that non-structural hardcover should not be traded for structural hardcover. This policy has been enforced in a manner consistent with the intent and provisions of Resolution No. 4006 (attached as Exhibit F) and depending on the reasonableness of the request and the various constraints of the property, has on occasion been waived through the variance process. The Planning Commission should determine whether a trade of non-structural hardcover should be permitted for construction of the proposed shed. Wetland Impacts While this application was made prior to adoption of the current wetland ordinance and would not be subject to the new wetland ordinance restrictions, the proposed location of the shed meets the 50' buffer and 20' setback from the buffer from the delineated edge of the "preserve" wetland. Installation of a buffer would not be required as the thresholds noted in Section 78-1601 (c)(4)(a-c) are not met. Technically, the applicant is only required to meet a 26' setback.