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FILE#0S-3110 11 May 2005 Page 4 of 5 remnant from a garage which was had been previously removed, additionally there is a 400 s.f. deck within this zone as well. Although the applicants' are requesting to construct a garage addition over existing blacktop hardcover, the property has excessive hardcover due to the limited dry buildable land area and the proximity to the OHWL of Tanager Lake as opposed to a non-lake wetland. Lake Setback Variance The Shoreland Management section of the Zoning Ordinance was adopted in 1992. This ordinance was adopted, and as a result Tanager Lake became classified as a Recreational Development Lake and subject to a 100' structure setback for those properties not served by municipal sewer. The home on this property was originally constructed at a time when the water body to the east was considered a wetland and not subject to lakeshore regulations. The property has only 0.9 acre of dry buildable land on the 4.5 acre parcel. The entire dry buildable portion of the applicants' lot is along Brown Road and is within the 100' required structural setback. Any expansion of the home requires a variance to the 100' required setback. The applicants would like to add a dormer on the south side of their home on the 2nd story. The dormer will not encroach further toward the lake than the existing home, nor will it extend outside the footprint of the home. The proposed garage addition will encroach closer to the lake than the home currently encroaches on the north side. Additionally, on the northern side of the home the entire flat yard area prior to the drop-off to the lake is paved driveway. This addition would be built over existing paved driveway. The applicants received variances in 1993 to allow enclosure of an upper level deck, and the addition of a screen porch over an existing deck. A 20'x26' deck/pool structure addition portion of this same application was denied. Resolution No. 3314 is attached as Exhibit I. Hardship Statement The applicants have 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 the property is unique in that the buildable area is located entirely within the 100' structure setback requiring variances for any changes/additions. Over half of the home exists within the 75' setback resulting in an excessive amount of hardcover with the 4