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#05-3101 <br /> April 18,2005 <br /> . Page 3 of 3 <br /> * <br /> 0—75 17,641 s.£ ���� ��o�o� NO CHANGE <br /> 75 —250 37,024 s.£ 9,256 s.f 3,460 s.f.* 4,932 s.f. <br /> (25%) (9.3%) (13.3%) <br /> 250—500 33,914 s.f. 10,174 s.f. 7,677 s.f.* NO CHANGE <br /> (30%) (22.6%) <br /> * After exclusio�l of fabric or plastic-lined landscape beds <br /> --------------------------------------=--------------------------------------------- <br /> Average Lakeshore Setback Variance <br /> The applicants would like to co�lstruct a pool along the southern property bo�u�dary, located <br /> lakeward of the existing house. The pool will be setback 20' fc•om the southern property <br /> boundary and well out of the 75' lake setback, complying with the accessory structure <br /> setback standards. However, the location proposed will be located in front of the required <br /> average lakeshore setback line as shown by connecting the adjacent homes. This requires <br /> approval of a variance. <br /> Hardship Statement <br /> Applicant has provided a brief hardship statement in Exhibit B, and should be asked for <br /> additional testimony regarding the application. <br /> Hardshi Anal sis <br /> I�:considering applicutioi:s for vuriu�:ce, tlee Pln�:niieg Co»rmission s/ea!!consirler tl�e effect of t/ie <br /> proposed variance upon tlte henJth,safety and welfare of tlre commuiriry, existing and anticipatecl <br /> traffrc conrlitions,ligkt und air, dcurger of fire, risk to the public sufety,und t/te effect o�r values of <br /> property i�t the surrou�irling ureu. T/te Planning Commiss�on shatl consider recon2nzenrling app�ova! <br /> for varinnces fron:tlte literad provisio�ts of tl�e Zoning Code in instru:ces wleere their strict <br /> enjorce�ne�it wau[d cause uutlue hardsJ:ip becuuse of circunrstunces iu:ique to Ihe individual <br /> property nntler coi:sideratiai, ai�d s/url!recoi�iine�id approval only wJieri it is rlemonstrated t/iat si�clr <br /> actions wild be in keepin�witli the spirit and intent of the Orono Zonin�Code. <br /> Staff finds that there is a hardship to warrant granting a variance. The average lakeshore <br /> setback ordinance exists merely to protect adjacent neighbor's lake views. Because these <br /> homes are setback tnore than 150' from the lake, adjacent lake views are minimal because <br /> they stretch over huge expanses of pcoperty first. Also, the most affected neighbor to the <br /> south already has an obstructed view of the applicant's lakeshore consisting of the screening <br /> vegetation that exists on the shared property boundary. What views are visible through the <br /> vegetation spread over some 400'-500' + before you get a view of the lake, which is at the <br /> end of Stubbs Bay where the shoreline curves. This most affected property also sits higher in <br /> elevation than the app(icants where views expanse over the applicant's proposed pool. <br /> Issues for Consideration <br /> 1. Are any views negatively impacted? <br /> 2. Should the existing shed be required to be moved so as to meet the 10' setback? <br /> 3. Ace there any other issues or concerns with this app(ication? <br /> Staff Recommendation <br /> Approval as submitted stipulating that the existing shed be moved to meet a 10' setback off <br /> the southern property boundary. <br />