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i <br /> i FILE#05-3074 <br /> I 6 January 2005 <br /> - Page 5 of 5 <br /> i <br /> One conceiYi the applicants' have is how this situation has potentially damaged their <br /> � prospect far variances for a home expansion in the near fiihire regarding hardcover <br /> � removals etc. <br /> I <br /> � H�rdship Statement <br /> Applicant has completed the Hardship Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> � <br /> Hardship Analysis <br /> i In coi�sideri�zg applicatiais for vnria�rce, tlie Planniizg Co��tnlission slrall coiisider t/ie effect of tlie <br /> � p�•uposed varia��ce upo�i t{�e healtfi,sufet��and►velfare of t/ie cunrn:rutity, c:�istii�g ai��l anticiputed t�•affic <br /> � conditians, !ig/�t«iid air, dareger of fire, risk tu t/le public safety, a�id the effect oi� i�alues of property iie <br /> tJie srtrrotu�diiig area. The Planniug Co�n`yrissioit s/rall cousider recor�rmendiiig appru>>al fo►•vr�i•iances <br /> fr•oni tl�e liternl provisious of tlte Zoniiig Code iii iirstances �vliere tlleir strlct enforcenre��t would cause <br /> ruidire liardslrip because of circtuttsta�tces unigue to die iudividtral property under consideratio�i, and <br /> skall recoiui�leird approi�al only rvl�en it is denao�istruted t/�ut sucli rrctioiis will be in kee�ing ti��itlr tlie <br /> ispirit ai�d inteiit of the Orono Zoi�iiig Code. <br /> Staff finds that there is no hardship inherent to the land to justify granting the conditional <br /> use pernlit for the grading or a variance for this type or anlount of hardcover within 75' <br /> � of the lake. City Code Section 78-1282 provides properties with steep slopes a stair <br /> access to the lake yard rather than conducting extensive topographic alterations. A <br /> majority of the boulder hardcover is strictly aesthetic, as the boulders are seiving as <br /> barders aild not retaiiuug any soil. There are a couple of areas where there is soil <br /> retentioii by the walls, namely the areas of the two graded walkway slopes. I�i staf�s <br /> opiiuon these graded walkways are unnecessary as a partial stair system currently exists <br /> and would only iieed to be extended for lake access. <br /> Additions of Uoulder borders and related non-structural hardcover in the 75'-250' zone <br /> would not have required a City pennit, although tlus installatioii places the 75'-250' zone <br /> out of hardcover compliance. However, the grading and hardcover additions in the 0-75' <br /> zone bring the entire property's liardcover status under review. Since the additions of the <br /> Uoulder borders and flagstone patio areas have increased the hardcover level above the <br /> pernlitted ainount witlun the 75' — 250' zone the Plaiuuiig Conunission should discuss <br /> whether or not to grant a variance to allow the current level, or recoimnend removal of <br /> tlie 1587 s.f. of overage. <br /> Issues for Consideratiou <br /> Does the Plaiuiing Conunission feel that there is justification or hardship far the <br /> excessive hardcover in either the 0-75' zone or the 75'-250' zone? <br /> Are there auy other issues or concerns with this application? <br /> Staff Recommendation <br /> Plaiuiing Staff recoimnends renloval of the hardcover in the 0-75' zone and 75'-250' <br /> zones that is iiot strictly necessary for lake access or slope staUility, <br /> 5 <br />