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Background FILE #06-3205 June 19,2006 Page 2 of 2 The zoning code allows each lakeshore property to have a single stairway access to the shore down a steep slope. This property has four sets of stairs to the lake. Three are stone steps associated with the grotto area near the house. The fourth set, located near the south property line, provides access to the dock. It was approved in 1993 under a variance. It has deteriorated to the point it needs to be replaced. The replacement steps would have a turn in them so the amount of hardcover would be slightly increased, since the existing steps run straight up the slope. The path for a wheelchair would have a grass surface. 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. The reasons for granting the variance for the existing steps still exist. The proposed steps would be less visible than the wood steps. Originally there was an asphalt path to the top of the wood stairs (approved with a variance). The path has been removed and would not be replaced. The Shoreland Regulations allow access for to be considered in granting variances and conditional use permits. While the City Engineer has not completed a thorough review of the applicant's response, it appeared to adequately address his concerns. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the variance to allow replacement of the existing wood steps with stone steps and approval of the conditional use permit for land alteration within the 0-75 foot shoreland zone to create a grass-surfaced path for a wheelchair, subject to completion of the City Engineer's review of the revised plan.