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. #06-3166 <br /> January 17,2006 <br /> Page 3 of 3 <br /> - located within the RR— lA zoning district reqttiring 100' setback from both the front and <br /> rear yards. Being that the lot doesn't even average 200' in depth the front and rear yard <br /> setbacks overlap, requiring approval of a variance for virhially any expansion of the <br /> footprint. <br /> Hardship Statement <br /> Applicant has provided a brief harciship statement in Exhibit B, and should be asked for <br /> additional testimony regarding the application. <br /> Hardshi Anal sis <br /> Itt co�isirleri�tg«pp[icutions fo�vuriuitce,t/ee Pluiriring Ca�rn:issio�r sfrall consider t/re effect of ti�e <br /> proposed variance upon the/realt/e,safety und welfare of tJte cont��tuiti�j�,existing unrl anticipate�! <br /> truffic coftditio�rs,Jig/tt a�icl air,danger of frre, risk to t/ie public sufety, mtd t/te effect on vulues of <br /> property ift t/te surro[rnding area. The Planning Commission sha!!coirsirler recon:menJing approva/ <br /> for vuriunces fron:t/�e literal provisions of tlre Zo�riirg Corle in instunces w/eere t/ieir stricl <br /> enforcement woi�ld cause undire ltards/tip because of circu��isiunces crnique to the individrra! <br /> property tur�ler consirlerution, uiid s/iul!recomn:eird approval only when it is den:o�rstrated tletrt such <br /> actions will be iit keepin�witir the spirit u�rrl intent of Ote Orono Zoni�ig Code. <br /> Staff finds the following hardships exist, which warrant approval of the variances as <br /> requested: <br /> 1. Overlaying front and rear yard setbacks: The lot is only 140' in depth on the west <br /> side and 221' in depth on the east side. When the 100' front and rear yard <br /> setbacks are enforced they, overlap resulting in no buildable area. <br /> 2. Location of existing septic mound: The property consists of one acre but is not <br /> located in the MUSA and is therefore served by a private septic system. The <br /> conforming side is located in the rear yard directly belund the existing garage <br /> (shown in Exhibit D) fiirther restricting the amount of buildable area. <br /> 3. No ability to acquire additional property to become conforming without making a <br /> neighbor non-conforming: Due to the area of the property to the west and the <br /> amount of wetland existing on the properties to the east and south, no additional <br /> property could be acquired without resulting in other properties becoming more <br /> non-conforming. <br /> 4. Approval of variance in 2002 for garage/house addition at a 41' setback where a <br />_ setback of twice that of 2002 is now requested: A variance was approved in 2002 <br /> by Resolution #4896, attached as Exhibit H, which allowed an even lesser front <br /> yard setback than is currently proposed. <br /> Issues for Consideration <br /> 1. Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Approval of the plans as subinitted. <br />