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FILE#07-3305 <br /> 14 August 2007 <br /> Page 3 of 3 <br /> Hardcover&Lake Setback Variances ,. <br /> The applicant is requesting variances to allow lakeward and upward structural expansions <br /> of the existing home. Since the over 99% of the property is located within the 75' <br /> setback area, the properiy cannot be built on without variances. The existing home is <br /> approximately 25 feet wide and 75 feet long. The expansions proposed will almost <br /> double the width and add nearly 15 feet in length; all while bringing it closer to the lake <br /> on all sides. Resolution IVo. 3027, which granted variance approval for the previous <br /> application, is attached as Exhibit C. Please review the site plan attached to that <br /> resolution and compare it to Exhibit D. While there may be discrepancies between the <br /> hardcover analyses from one surveyor to another it does appear that the level of <br /> hardcover since 1991 has increased slightly in sidewalks, etc. <br /> Average Lakeshore Setback Variance <br /> The entire home on the property is located ahead of the average lakeshore setback line. <br /> � Technically staff identifies this as a setback variance although it may be administratively <br /> granted due to the nature of the property. <br /> Hardship Analysis <br /> In considering applications for variance, the Planning Commission shall consider the effect oj t/:e <br /> proposed variance upon t/:e health,safety and welfare of the community, existing and anticipated traffic <br /> conditions, light and air, danger of fire, risk to tl:e public safety, and the effect on values of property in <br /> the surrounding area. The Planning Commission shal!consider recommending approval for variances <br /> . from tlie literal provisions of the Zoning Code in instances where their strict enforcement would cause <br /> undue hardship because of circumstances unique to the individua!properry under consideration, and <br /> shal[recommend approval only when it is demonstrated tltat such actions will be in keeping with the <br /> spirit and intent of the Orono Zoning Code. <br /> Staff finds that while 99% of the applicant's property is located ahead of the 75' setback <br /> the property itself may be maxed out on hardcover as it exists. To construct additional <br /> structural hardcover, toward the lake on all sides, may be reaching the level of excess. <br /> The property owner has a reasonable use of the property in the existing home. To add <br /> additional structure to this already overta�ced lot at such a close proximity to the lake is <br /> unreasonable. <br /> Issues for Consideration <br /> 1. The Planning Commission should discuss the merits of each of the applicant's <br /> Options and give the applicant direction. <br /> 2. Would the proposed structural additions give the appearance of excessive mass <br /> . when viewed from the lake? When viewed from neighboring properties? <br /> 3. Would the Planning Commission support structural additions (with additional <br /> hardcover reductions) toward the rear of the property at no greater encroachment <br /> toward the lake? <br /> 4. Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Planning Staff recommends denial of the variances. <br /> 3 <br />