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� <br /> FILE#06-3198 <br /> 11 May 2006 <br /> Page 3 of 3 <br /> Hardship Statement <br /> Applicant has completed the Hardship Documentation Form attached as �xhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Hardship Analysis <br /> In co�rsPtlerl�rg appllcaiio�rs for variance, the Planni�rg CommissPon slla!! co�rsfrler t/re effect of the <br /> proposed varinnce«po�r t1�e I1en/t/i,srrfe[y�utd welfnre of t/1e cof�r��ru�rPty, ��Istlirg rmtl nnficip�ttet!trnffrc <br /> courlitio�rs, !lg/�l a�rd air, da►rger of ffre, risk to Ute prtblic safety, a�r�1 f/re effect oir va/rres of proper�j� I�r <br /> t/te srrrroturtliirg area. Tlre PlannPng Cann:Tsslo��slrnl/consirler recom�nentling approvrr! for varinnces <br /> from the litera!provislons of t/re Zo�rbrg Code i�r insla�rces w/eere t/ieir slrfet enforces�rent wocrld cnuse <br /> «udue hards/rip becrruse of clrcuf�rstances �urlqc�e to �lre iirdlvitlrnr!properry «nder co�rsideratfoir, and <br /> sltn/!reconrme�tt!approva! ort[y ►v/1e�r il is demo�rsfrrrterl tltnt sr►c11 «ctio�rs wil!be l�r keepJ�rg ►vlt/r t/re <br /> splrlt nnd I�rtent of t/re Orono Zonl�ig Corle. <br /> Staff finds that there are hardships in order to grant the average lakeshore setback <br /> variance. The primary intent with the average lakeshore setback requirement is to protect <br /> any views of the lake that neighboring properties may have. In the past, variances have <br /> been granted to this requirement when it can be demonstrated that views will not be <br /> impacted and usually the evidence relates specially to the land and hardslups are found. <br /> The uniqueness of this property is that the applicants' home and the neighboring homes <br /> are over 250' from the shoreline. It is also worth noting that the topography and <br /> vegetation likely do not allow a view of the lake over the proposed pool location. Also, <br /> the neighbor to the west, who has submitted a letter of objection to the average lakeshore <br /> setback variance (exhibit I) has an existing pool in the lake yard which is much closer to <br /> the lake than the applicant's proposed pool. Despite that neighbor's request for added <br /> screening if the variance is granted,the code does not require screening. <br /> Issues for Consideration <br /> Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Planning Department Staff recommends approval of the aver�ge lakeshore setback should <br /> the Planning Commission determine that it does not negatively impact the neighboring <br /> property owners' existing views of the lake, Regarding the wetland buffer area, prior to <br /> review by the City Council the applicant's should subinit a revised, detailed plan for the <br /> wetland buffer for John Smyth's review and approval. <br /> 3 <br />