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FILE#05-3077 <br /> 5 January 2005 <br /> �" Page 3 of 3 <br /> Reai-Yard & Side Yard Setblck V�ri�nces <br /> The applicants have conshucted the lean-to approximately 45' from the west side lot line <br /> and 17" from the rear lot line. A 75' setback is required from all lot lines for all <br /> stnictures nleant to house or shelter animals. Additionally, a 150' setback is required for <br /> all stable and/or barn structures fiom adjacent homes. <br /> Hardship Statement <br /> Applicant has completed the Hardslup Documelitation Fonn attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Hardship Analysis <br /> Iir consirleriiig «p��licr�tioils for ��ariru�ce, fliL' Plaianiieg Conrnrissio�i shall coiisider tlre effect of tJte <br /> proposed va��irt�ice upo�t tlte/realtlr,snfety and fvelfure uf tlie coniniruli�j�, c�isting und ar�ticipnted t�•ajfic <br /> conditia�s, ligl�t and air, dailge��of fire, risk to the pubfic safety, aitd the effect on vulues uf property iir. <br /> tlre surrou��dirig ai�ea. The Planiring Coi�:uiission shall consider reco�nnlending approval for variances <br /> fi�o�u tlte literal p��oi�isions of the Zoieii�g Code iu instances ivliere tlieir strict enforceineirt�vould catrse <br /> unrlue ha►•rls/�ip because of circru»stunces rrniqu� to tl:e ii�rliniduul property under consideratiou, and <br /> sltall r•econin:eitd approi�al only ►v/tea it is demaish�«ted tlu�t sucli actiuies tvi![ be iii keepii:g ivitl� t/te <br /> spirit mirl inteiit of tlie Orono Zoni�rg Code. <br /> Staff finds that based on the size of tl�is property there is no hardslup for a setback <br /> variance. The 75' property line setUack is required for all staUle aud/or barn strucriires. <br /> The puipose for this provision is to fiirther buffer neighboring properties from the <br /> increase in aiumal activity associated with a stable. A stable also means there is a <br /> potential for a greater coiicentration of animal waste in one area as opposed to an open <br /> pasture, or paddock. <br /> The applicailts stated that due to the anangement of the paddocks, and bai�i there is no <br /> otlier viable Iocation for the lean-to. Staff feels that the applicants' justification for a <br /> variance is a situation created by them and does not constitute a hardship inherent to the <br /> property as there are 8.4 acres available with whicli to relocate the lean-to. <br /> Issues for Consideration <br /> Are there any other issues or conceills with tlus applicatioii? <br /> Staff Recommendation <br /> Plaluiing Staff reconuilends denial of the after-the-fact variauces as requested. Further <br /> staff reconuiiends that tlle partially constructed lean-to be inunediately removed (weatl�er <br /> pei7iiitting). <br /> 3 <br />