01-22-2008 Planning Commission Packet

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FILE 08-3340 January 22,2008 Page 4 of 5 Variances � A. To add a 63 square foot,two-story entry addition and a 35 square foot open porch to the front of their house. This requires a variance to encroach eight feet into the . average lakeshore setback and a variance to have 16.94 percent structural coverage when 16.05 percent exists and 15 percent is allowed. � B. To add a trellis or pergola over their lakeside deck. This would require a revision of the previously approved average lakeshore setback for the deck. C. To add a 10 inch by 10 foot cantilevered box bay for�a fireplace and cabinetry to the east sidewall of the house. It would extend about six feet above the floor. Although • the side setback is normally ten feet, a two-foot encroachment into the required side or rear setback is allowed for a bay of up to 20 square feet. The cantilever would be 7.6 feet from the property line at its closest point and 9.5 feet at the other end. (Staff determined it could not allow the cantilever even if it complied with 8-foot setback the since it was not on the approved house plan.) Hardship Statement Applicant has completed the Hardship Documentation Form attached as part of Exhibit A, and should be asked for additional testimony regarding the application. . . Hardship Analysis bz considering applications for variance, tlie Plar:ning Commission s/:all consider t/:e effect of t/:e proposed variance upon tl:e I:ea[th, safety and welfare of t/:e community, existing and anticipated traffic conditions, ligl:t and air, danger of fire, risk to tlee public safety, and tlie effect on values of property in the surrou�:ding area. Tlte Planning Commission shall consider recommending approval for variances from t/ee literal provisions of tlze Zoning Code in instances wltere t/ieir strict enforcement would cause undue Itards/:ip because of circumslances unique to tl:e individual property under consideration, and shall recommend approval o�:[y wl:en it is demonstrated tl:at suc1: actions will be in keeping witlt t/:e spirit and intent of tl:e Orono Zoning Cod� Issues for Consideration Each part of the request should be considered separately. Staff recommends that the Commission first consider if the proposed addition is necessary to alleviate a hardship,then if there is any other way to satisfy the need tliat would eliminate or reduce the need for a variance.� Next the Commission should consider the proposed addition's impact on and compatibility with the surrounding neighborhood. The applicant has provided photographs from the adjacent properties and has reviewed the plans with the adjacent property owners. Although it was the applicants who enlarged the house to its current size, in light of the errors Staff made in computing structural coverage at that time, Staff recommends that the need for the structural coverage variance not be considered to have been created by the applicants. Are there any other issues or concerns with this application?