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� � #04-3044 August 16,2004 Page 3 of 4 Hardcover Calculations Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 75 —250 17,135 s.£ 4,284 s.£ 3,362 s.£ 3,622 s.f. (25%) (20%) (21%) 250—500 60 s.£ 18 s.£ 0 s.£* 0 s.f. (30%) (0%) (0%) * After exclusion of fabric or plastic-lined landscape beds ------------------------------------------------------------------------------------ Rear Yard Setback Variance The applicant has proposed to remove the existing screened porch and porch overhang located in the rear yard. Included for removal are the rock on plastic in the rear yard, some wood rail-road tie retaining walls, pavers, planter areas and some concrete patio areas on the north and south side of the home. The existing 1.7' x 5.7' encroachment is a chimney shaft that will remain and is an allowed encroachment. The applicant is proposing to add a garage and master suite addition to the east side of the home and a covered entry on the north side, all meeting the required setbacks. The applicant is also proposing to construct a kitchen addition to the south side of the home in line with the current house. This requires a rear yard setback variance because the lot line jogs to the east 10'. The applicant is also proposing a deck to the east of the kitchen addition, which will meet all setback requirements. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardshi Anal sis In considering applications far variance, the Planning Commission shal!consider the effect of the proposed variance upon the health,safety and welfare of the community,existing and anticipated traffrc conditions, light and air,danger of fire,risk to the public sajety,and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances froriz the literal provisions of the Zoning Code in instances where their strict en.forcement would cause undue hardship because of circumstances unique to the inciividual properry under consideration, antl shall recommend approval only when it is demonstrated that such actions will be in keepinQ with t{ie spirit and intent of the Orono Zoning Code. Staff finds that there are hardships inherent to the land. For example, the jogged rear property line and the sloping topography, all somewhat restricting the applicant from meeting the required 30' rear yard setback. Further, the Zoning Ordinance defines the front on corner lots as the shortest frontage. In this case that being Minnie Avenue even through the applicant's front door faces Cherry Avenue and the property has a Cherry Avenue address. If Cherry Avenue were considered the front only a 10' setback to the west would be required, allowing the applicant to proceed without variances. Adding to all mentioned above is the layout of the existing home and what best fits within that envelope.