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• ' FILE 08-3338 � <br /> January 22,2008 <br /> Page 3 of 4 <br /> Variances � <br /> A. To construct an attached garage with a setback of 11.2 feet from the right of way of <br /> Crystal Bay Road when a 15-foot setback is required. A 60 square foot encroachment <br /> into the opposite side setback would be eliminated. <br /> B. To construct a 6' by 14' open porch over a portion of the enclosed lakeside porch � <br /> � with a lake setback of 62 feet when a 75 foot setback is required. <br /> � C. To add a 5' by 12' open entry porch with a five-foot setback from Crystal Bay Road <br /> when a�15�foot setback is required. <br /> D. To relocate hardcover non-conforming hardcover within the 0 to 75 foot zone to a <br /> grade-level deck for the relocated lakeside door. A 29 square foot reduction in <br /> hardcover in the 0 to 75�foot zorie would result. ` � . � • .: . <br />, . • . . . , . . <br /> , _ . . . <br /> � Hardship Statement " . � <br /> Applicant has completed the Hardship Documentation Form attached as E�ibit B, and <br /> should be asked for additional,testimony regarding the application. <br /> Hardship Analysis <br /> In considering app[ications for variance, tl:e Planning Commission sl:all consider t/:e effect of t/ie proposed <br /> variance upon tlie/iealth, safety and welfare of t/re community, existing and anticipated traffic conditions, <br /> [ight and air,danger of fire, risk to tl:e public safety, and the effect on values of property in the surrounding <br /> area. The Planning Commission sl:all consider recommending approval for variances from the litera! <br /> provisions of the Zoning Code in inslances wliere t/teir strict enforcement would cause u�:due /:ardsl:ip <br /> because of circumstances unique to t/te individual property under consideration, and shall recommend <br /> � approval on[y wl:en it is demonstrated t/:at sucli actions will be in keeping wit/z tl:e spirit and intent of tl:e <br /> Orono Zoning Cod� . <br /> .. � <br /> Issues for Consideration <br /> Would vehicles parked in the driveway interfere with Crystal Bav Road?The required street <br /> side setback is 15 feet. On a standard street(of which there are admittedly very few in the <br /> City)there would be 9 feet between the edge of the roadway and the property line, creating a <br /> 24 foot parking space between the garage and the road. The right of way of Crystal Bay <br /> Road at this location is 66 feet wide, 16 feet wider than standard. If Crystal Bay Road were <br /> ever reconstructed to roadway standards (32 feet wide) there would be 28 feet between the <br /> gaxage and the road. Under the current configuration there would be 35 feet. Crystal Bay <br /> . Road is 16 to 18 feet wide; there is no plan to widen it. If a trail were ever constructed, <br /> parking in the driveway would be eliminated regardless of whether the variance is granted or <br /> � not. <br /> Portions of the proposal not part of this application: The code limits the width of a driveway <br /> approach (the portion of a driveway within the street right of way) to 20 feet at the property <br /> line. This provision is not part of the zoning code so it is not part of this application. The <br /> , Public Works Department indicates that the proposed 32 foot wide approach is not <br /> acceptable. The applicants may appeal this decision to the City Council. If the request is not <br /> granted to create a functional driveway the garage doors would need to be shifted so the outer <br />