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FILE 07-3285 April 16, 2007 Page 3 of3 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 Does this request satisfy the intent of the separation requirement to prevent "overcrowding"? The pool is below grade, the building is above grade. Although the pool building may not have negative visual impacts, anoter reason the City has enforced the ten foot separation rule for pools is the safety aspect. Structures less than ten feet from pools can be an attractive nuisance if someone decides to use it as a diving platform and misses the pool. ls it reasonable to have a pool house/storage building? Pool houses with storage space are common accessory uses to pools. Is there an appropriate location for the building that would satisfy the separation and other zoning code requirements? There is a wetland area between the between Bracketts Point Road and the pool area that precludes placing the building toward between the pool and the road. What is the appropriate level of hardcover? The applicants have indicated they are willing to remove some of the patio that wraps around the south side of the house. The original plans did not have the walkway extending across the center portion of the lake side of the house, but since there is a door in the middle of the curved wall and on the north end it seems reasonable to allow it to remain. But the arrangement on the north end should mirror that on the south end to minimize the hardcover in the Oto 75 foot zone. Since the hardcover in the 0-7 5 foot zone is "by accident" it would be appropriate to subtract it from the amount of hardcover allowed in the 75 to 250 foot zone. This would require the Applicants to remove 649 square feet of hardcover in addition to the fabric under the rock mulch. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of a hardcover variance to allow the comer of the pool and the walkway across the lake side of the house to remain in the O to 75 foot zone subject to the patio area in the O to 7 5 foot zone and any fabric under landscaping being removed. Planning Staff recommends approval of the structure separation variance subject to removal of hardcover in the 75 to 250 zone so the hardcover in the O to 75 foot zone plus the hardcover in the 75 to 250 foot zone does not exceed 13,334 square feet.