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#OS-3126 <br /> _ July 18,2005 <br /> Page 3 of 3 <br /> Front Yard Setback Variance <br /> The applicant is proposing a 5' a 25' addition to the front end of the existing attached <br /> garage and a 10' x 23' addition attachecl to the north side of the attached garage. The <br /> proposal also includes incorporating living space above the new 3-stall attached garage. <br /> The applicant received a variance in 1995 to the front yard setback requirement allowing <br /> a 25' setback. This request includes eatending the existing attached gat•age 5' forward <br /> and constructing an additional stall to the north, requiring an additional 5' encroaclunent <br /> on the previottsly approved 25' setback. A 35' front yard setback is required within the <br /> LR— 1 B zoning clistrict. A variance is required in order to tallow the proposed 20' front <br /> setback. <br /> Hardship Statement <br /> Applicaut has provided a brief hardship statement iii Exhibit B, and should be asked for <br /> additional testimony regarding the application. <br /> Hardshi Anal sis <br /> I�r co�rsirleriirg upplicrdions for vuriu�rce, 11re Pla►riring Conrn:ission s/eall consider ilre effecl of tlee <br /> proposerl variauce �ipon tke heult/r, safet�� «ncl we/fare of�11e conrnnurity, ezisting untl a�rlicipated <br /> trafftc co�tditio�rs, !ig/tt mrtl«ir, rlairger of frre, risk to tlle perblic safet��, a�td t/re effecf on valtres of <br /> property in t/�e surrounding aren. The Plruv:ing Co�nmissio�r slra!!consirler recom�nending approva! <br /> for variunces frofn the liferul provisions of tlre Zoning Code i�r i»sla�rces where tlteir strict <br /> enforcen:ent would ca�rse tur�lue leardship because of circu»�sta�tces uniqcre to the IiiI�IVlIIItUI <br /> property trnder consideratioi�, anr!shall recomn:eitd upproval only when it is demonsir�ried that such <br /> actions wil/be in keepin,�with t/ie spirit anrl inte�rt oJ't/ee Orono Zoni�rg Code. <br /> Staff finds that no additional hardship inherent to the land has been demonstrated to allow <br /> approval of an additional 5' encroaclunent on the 25' setback approved in 1995. The <br /> restrictions of the bluff and top of bluff setbacks factored into the approval at 25', <br /> allowing the applicant to construct a house with two-stall attached garage. The Plaruung <br /> Comniission may want to discuss the reasonableness of granting variaiices for 3-stall <br /> garages, although this may or may not help the applicant aclueve a deeper garage. <br /> As an alternative to gain living space above the existing attached garage and added <br /> garage space to the north, staff would support variances maintaining a 25' front setback <br /> as well as a 10' side setback based on the findings and conditions of the 1995 variance <br /> approval resolution. <br /> Issues for Consideration <br /> 1. Are there additional hardslups beyond those that supported the 1995 approval to <br /> allow a fiu�ther encroacluizent of 5'? <br /> 2. Are additional variances to achieve a 3-stall garage reasonable? <br /> 3. Are there any other issues or concerns with this applicatioii? <br /> Staff Recommendation <br /> Deival of the requested 20' front yard setback. Staff would support variances to achieve <br /> living space above the existing attached garage at a 25' setback when 35' is normally <br /> required, aild also any garage addition (with living space lbove) to the north that <br /> nlaintains a 25' front yard seiback and a 10' side seiback. <br />