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e <br /> FILE#06-3206 '� <br /> . June 19,2006 . <br /> Page 2 of 2 <br /> Background <br /> The zoniiig code allows each lakesliore properry to have a single stairway access to the shore <br /> down a steep slope. This property has four sets of stairs to the lake. Tlu•ee ase stone steps <br /> associated with the grotio area nea.r i;he house. The foui-th set, located near the south property <br /> line,provides access to tlie dock. It was approved iii 1993 under a variance. It has <br /> deteriorated to the poiiit it neecis to be replaced. The replaceinent steps would have a turn in <br /> theni so the ainounl:of ha.rdcover would be slightly increased, since the existuig ste�s run <br /> st�aight up tlle slope. The path for a wheelchair woulci have a grass surface. <br /> Hardship Statement <br /> Applicant has completed the Hardship Docunieiitation Form attachec� as Exhibit B, and <br /> should be asked for adclitional testiinony regardiiig the application. <br /> Hardship Analysis , <br /> In co�tsidering applications for vt�riance, the Planni�rg Coin»rissio�:s11a/1 consider the effect of 11re proposetl <br /> variairce rrpoil !he lrealt/t, st�fety un�!welfare of t/re comnurnit��, e�-isting a�r�l anticipated truffic co�trlitiars, <br /> Iiglr!mr�l air, tlnnger of frre, risk to t/re pub/ic sufety, «�rd the effect on values of property i�t t/te srrrrou�lrling <br /> area. Tlre Pla�rning Conr�nission s/i�r/! cousi�ler recomme�rrli�tg approval for vrrrirr��ces fronz tlre litera! ' <br /> provisio�is of fhe Zoning Corle in instances where t/reir strict enforcement �voulr! cause �n:rlue liards/rip <br /> becarrse of circunrstnnces u►rique !o t/�e iirdividrurl property «�r�ler consi�lerufio�r, nnd sl:all reconrmend <br /> approval oirly w/ieu it is de»io�tstrated i/rat suc/t actioirs wi!!be in keeping wit/1 t/ee spirit a�rd ii:te�rt of t/ie <br /> Orono Zating Code. <br /> . The reasons for gra.iiting the variance for the existing steps still exist: The proposed steps - <br /> would be less visible than the wood steps. Originally there was an asphalt path to the top of <br /> the wood stairs (approved with a variance). The path has been removed a.nd would not be <br /> replaced. . <br /> The Shoreland Regulations allow access for to be considered in grantulg variances and <br /> conditional use permits. � <br /> While the City Engineer has not completed a thorough review of tlle applicaiit's response, it <br /> appeared to adequately address his concerns. <br /> Issues for Consideration <br /> Are tliere any oiher issues or concerns witli tlus application? <br /> Staff Recommendation <br /> Plaiuuiig Staff reconuiiends ap�roval of tlie variance to allow replaceinent of the existing" <br /> wood steps with stoiie steps and approval of the conditional use permit for land alteration <br /> within the 0-75 foot shoreland zone to create a grass-surfaced patli for a wheelchair, suUject <br /> to completion of the City�iigineer's review of the revised pla.ii. � <br />