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Eric & Laurie Berg Public Hearing Memo, 1119107, Page 2 <br /> 2. Code Section 1.07 states that"Where practical difficulties or particular hardships occur or where <br /> necessary to provide access to the handicapped, the Board may permit a variance from Code or <br /> may require a variance from what is otherwise permitted by the Code, provitletl that such variance <br /> with whatever contlitions are deemed necessary by the Board, does not adversely affect the <br /> purposes of this ordinance,the public health, safety and welfare, and reasonable access to or use <br /> of the Lake by the public or riparian owners". <br /> In review of the proposed application for variance from Code,the Board should ensure that <br /> the applicant has proposed practical difficulties or particular hardships that are caused by <br /> the application of the Code. In addition, the Board should apply the following decision <br /> standards in the review of the proposed variance application. <br /> • Is the proposed use reasonable? <br /> • Would it be unreasonable to require conformance to the ordinance? <br /> • Is the difficulty of conforming to the ordinance due to cir;cumstances unique to the <br /> property? <br /> • Is the problem one created by the applicant? <br /> • Will the variance, if granted, alter the essential character of the locality? <br /> The criteria used by the Board in the past to evaluate dock length variance applications is to <br /> establish four feet of water depth at the outer edge of the DUA, adjusted to the 929.4' <br /> contour. The applicants have documented water depths of 4 feet out approximately 56 feet <br /> from the 929.4' shoreline. Based on these water depths,the applicants have documented <br /> that a hardship of shallow water exists for the dock length variance. <br /> Staff does not believe the side setback variance request to meet a 0'setback from the south <br /> lot line is reasonable. The applicant is proposing a dock and boat lift width of 12' on a lot <br /> with 20' of shoreline and approximately 16' of width between the extended side site lines at <br /> 56'from shore (4' of water depth at 929.4') because of converging lot lines. For similar sites <br /> with 20' of shoreline and parallel lot lines that were in existence on February 2, 1970,the <br /> maximum width of the dock use area would be 10'. <br /> This site was created on 1/2311978 by a subdivision approved by the City of Orono. Current <br /> LMCD Code that defines the authorized dock use area for a site platted in 1978 has not <br /> essentially changed since 1978. The authorized dock use area (DUA)for this site is defined <br /> as follows: 1)The dock use area extends out from shoreline a distance equal to the site <br /> lake frontage (20') , 2)the first 50' of the length of the DUA requires a 10' setback from the <br /> extended side property lines, the next 50' in length of the DUA requires a 15' setback, 3)two <br /> or more adjoining site owners may, by mutual agreement, adjust these side setback <br /> requirements. <br /> Staff believes that it would be unreasonable to require conformance to the side setback <br /> Code requirement of 10'and 15' because without mutual agreement from at least one of the <br /> two adjoining site owners,this site does not have an authorized dock use area. A dock and <br /> boat storage at this site has existed since 1978 because the adjoining site owners agreed to <br /> adjust the side setback requirements. The dock length may have been illegal if the dock or <br /> boat were stored further out than 20'from the 929.4' shoreline. <br />