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07-3290 <br /> June 18,2007 <br /> Page 5 of 5 <br /> because of circumstances unique to tlte individual property under consideration, and slzall recommend <br /> approval only w/:en it is demonstrated tleat sucli actions will be in keeping with tlie spirit and intent of tlie <br /> Orono Zoning Code. <br /> Issues for Consideration <br /> The Commission should discuss each of the relevant parameters from Section 78-123. � <br /> Because this application might constitute a request for reasonable accommodation under the <br /> Americans with Disabilities Act, Planning Department Staff reviewed it with the City <br /> Attorney. The determination was that because Mrs. Sachs can use the house and can enjoy <br /> the Lake from the existing decks, reasonable use already exists. <br /> It is unrealistic to expect the property owner to revert to the original two-strip driveway so <br /> some level of hardcover variance is reasonable. The City Engineer does find that removal of <br /> a portion of the driveway in front of the garage can be done while still maintaining access to <br /> the gaxages. <br /> Hardcover in the other two zones on the property is also in excess of that allowed. Because <br /> of the configuration and topography of the lot the existing hardcover in the 250 to 500 foot <br /> zone is necessary to access the property. Some of the additional hardcover in the 0 to 75 foot <br /> setback is steps to the lakeshore the applicant recently added. This is permissible hardcover. <br /> The steps were placed in the center of a driveway that was cut through the slope by a <br /> previous owner. The driveway eroded and was too steep for comfortable walking. The <br /> remainder of the driveway was covered with"riprap" (large stone mulch)that is underlain by <br /> weed control fabric. This needs to be evaluated to determine if the weed control fabric is <br /> necessary for the riprap to function properly. <br /> Staff Recommendation <br /> Approval of a hardcover variance to a11ow: <br /> 1. Existing hardcover within the 250 to 500 foot zone; <br /> 2. Existing hardcover within the 75 to 250 foot zone except: <br /> a. The weed control fabric under the landscape beds <br /> b. The portion of the driveway the City; and <br /> 3. Existing hardcover within the 0 to 75 if the City Engineer determines the fabric under <br /> the riprap is necessary for its functionality. <br /> If the Commission determines appropriate, additional hardcover in the 75 to 250 foot zone to <br /> allow reconfiguration and expansion of the existing decks to make the smaller deck more <br /> usable and provide a walkway between the two decks. <br />