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FILE #06-3237 <br />October 16, 2006 <br />Page 3 of 3 <br />provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship <br />because of circumstances unique to the individual property under consideration, and shall recommend <br />approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br />Orono Zoning Code. <br />By longstanding City policy hardcover trade-offs and rearrangements resulting in a net <br />hardcover reduction but not in conformity cannot be approved administratively. The change <br />is State Statute that allows replacement of a non-conforming structure has created a paradox <br />that can be seen here. The applicant is required to obtain a variance to bring the property <br />closer to compliance with the hardcover regulations while they would be able to exactly <br />replace the existing patio and deck without a variance. <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 hardcover variance.