07-16-2007 Planning Commission Packet

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FILE#07-3304 11 July 2007 Page 3 of 3 • removed from the property. The barn is located slightly ahead of the 100' front long line setback. The applicants are proposing to construct a new home at the 100' setback, making the barn non-conforming. The barn also does not comply with the required 50' side yard setback. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, t/ie Planning Commission sltall consider tl:e effect of the proposed variance upon t/te healtl:,safety and welfare of the community, existing and anticipated traffic conditions, liglit and air, danger of fire, risk to t/�e pub[ic safety, and the effect on values of property in tlie surrounding area. The Planning Commission shall consider recommending approva! for variances from tlle litera!provisions of tlte Zoning Code in instances where tl:eir strict enforcement wou[d cause undue/iardship because of circumstances unique to t/te individual prope�ty under consideration, and s/tall recommend approval only w/ten it is demonstrated t/iat such actions will be in keeping witl: t/:e spirit and intent of the Orono Zoning Code. Considering the "historic" and unique nature of the barn, the location of the existing accessory structure and the configuration of the lot the applicants' proposal is reasonable. In the opinion of staff the existing barn should be allowed to remain in its existing location with the redevelopment of this property. • Issues for Consideration Are there any other issues or concerns with this application? � Staff Recommendation Planning Staff recommends approval subject to agreement to the applicable oversized accessory building covenants as well as the right of entry documents required by the City. • 3