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#06-3170 <br /> - January 17,200G <br /> Page 3 of 3 <br /> Front Yard Setback Variance <br /> The applicant is proposing to construct a 16' x 20' addition, 13.5' from the front/street <br /> side of the existing home. The property is located within the RR — 1B zoning district <br /> i•equiring a front yard setback of 50' and thus requiring variance review. <br /> For clarification, at the time this property was cieveloped a private road was implemented <br /> without dedication of official roadway. The Zoning Ordinance's definition of lot line <br /> states "the property line bounding a lot; except that where any portion of a lot extends <br /> into the public right-of-way or a proposed public right-of-way, the line of such public <br /> right-of-way shall be the lot line." This simply means the front lot line for setback <br /> purposes is the edge of the right-of-way not the centerline of the roadway, which is how <br /> the property is legally described. <br /> Hardship Statement <br /> Applicant has provided a brief hardship statement in Eahibit B & C, and should be asked <br /> for additional testimony regarding the application. <br /> Hardshi Anal sis <br /> L:co�rsideri�rg applications for v«ria�rce,tire Pluiti:iizg Com»iissiofi shu!!co�rsider t/ie effect of tl�e <br /> proposed variunce upon t/1e healtfi,safety und welfure of tlee co�nmu�tify, �risting und aitticiputed <br /> traffrc conditions,light aiid uir,dairger of fire,risk to tfie public sufety, ruid tlie effect on va/ues of <br /> property in tlee surrourrding area. The Planning Conunission shal!consider recon:mendifeg approval <br /> for varia�rces fron:the litera!provisions of tlze Zo�ri�rg Code in iirstances wlre�e tlieir strict <br /> enforcement would cause�uulire harrlship because of circ[rmstances«nique to the individual <br /> properry unrler coiisiderntion, afrd slra/l recon:mend approva!on/y wlre�r if is demonstrated that such <br /> actiotis will be in keepin�witlt the spirit a�1�1 intent of tJre Orono Zo►rin,�Code. <br /> Staff finds there are no hardships to warrant approval of a front yard setback variance for <br /> construction of the proposed porch, especially when the existing non-conforming setback <br /> would be further encroached upon. Buildable area at the rear of the lot remains for <br /> construction of a porch or any other addition within setbacks. Unfortunately, the <br /> highway noise mentioned by the applicants is not a hardship that is inherent to the land. <br /> Further, no other properties on Edgewood Hills Road have been granted front yard <br /> setback variances for any kind of addition. <br /> Issues for Consideration <br /> 1. Are there any other issues or conceriis with this application? <br /> Staff Recommendation <br /> Derual of the request. <br />