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Hardcover Variance FILE #06-3220 15 August 2006 Page 3 of 4 The applicant is requesting hardcover variances in order to remove an existing rear stoop and lake side deck and replace with a new rear entry stoop and lake side deck. While the applicant is removing 430 s.f. of non-conforming concrete sidewalk from the 0-75' zone the overall sizes of the deck and stoop will be increasing. Lakeshore Setback Variance The entire deck encroaches into the 0-75' zone due entirely to the location of the home. The proposed deck, while becoming less visible from the lake (lowered profile), is proposed to encroach closer to the lake by approximately 4'. 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 due to the existing non-conformities on the property (location of house, deck, and excessive hardcover within both setback zones) there may be hardships for consideration of the requested variances. However, staff does not find that there are hardships which support 1.) A larger deck; and 2.) A greater encroachment into the lake setback. The driveway is a loop and accounts for 4,988 s.f. of hardcover, or almost 16% of the hardcover within the 75'-250' zone. There are also concrete stepping stones which begin near the garage doors and loop all the way around the north lot line to the lake. Issues for Consideration 1. The property, while in a location that does not accommodate on-street parking, has a considerable driveway. Are there reductions to the driveway that could be made without reducing the driveway's functionality? Are there other hardcover removals which could be proposed? 2. Is the lower profile of the proposed deck a trade off for allowing the deck stairs to encroach approximately 4' closer to the lake than the existing deck? 3. Are there screening options that will mitigate the proposed deck's proximity to the lake? 4. Are there any other issues or concerns with this application? 3