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q f <br /> FILE#07-3329 <br /> 14 November 2007 <br /> Page 3 of 4 <br /> similar in size to the immediate neighbors. , <br /> The existing home is partially within the 0-75' zone, and extends into the average <br /> lakeshore setback. The resulting hardcover levels for this lot are very high. Any home <br /> � built on this lot would result in high hardcover levels within both zones. Staff finds that <br /> there are opportunities for hardcover reductions. Very few hardcover reductions have <br /> been proposed. � <br /> Side Yard Setback Variance <br /> The existing home does not meet the 10' side yard setback along the southwestern side; <br /> additionally, the applicants are proposing a further encroachment with cantilevered areas <br /> . and overhangs which will.extend within one foot of the property line. <br /> The 2006 International Building Code specifies the distance certain structures and parts <br /> of structures are permitted to be located from property lines. There are fire resistance <br /> . specifications and different standards to be met. Staff has attached an excerpt from the <br /> 2006 IBC relating to exterior wall locations. • � <br /> Average Lakeshore Setback Variance <br /> The existing home extends approximately 14' to 17' into the average lakeshore setback. <br /> The applicant is proposing the addition over the existing home, and the same distance <br /> into the average setback. Staff would note that the portion of the 2"d story addition within <br /> the average lakeshore setback area will be a high, vaulted-ceiling; not living space. . <br /> Structural Coverage Variance <br /> The applicant is proposing only a slight (27 s.f.) increase in structural coverage. The <br /> existing structure exceeds by 435 s.f. the allowed structural coverage level for small lots. <br /> While the proposed increase is relatively minor, staff would note that the increase in the <br /> mass of the structure has a significant impact on light, air and open space in the <br /> immediate neighborhood. . � <br /> � Hardship Statement <br /> Applicant has completed the Hardship Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Hardship Analysis � <br /> In considering applications for variance, the Planning Commission shall consider the <br /> effect of the proposed variance upon the health, safety and welfare of the community, <br /> existing and anticipafed traffic conditions, light and air, danger of fire, risk to the public <br /> safety, and the effect on values of property in the surrounding area. The Planning <br /> Commission shall consider recommending approval for variances from the literal <br /> provisions of the Zoning Code in instances where their strict enforcement would cause <br /> undue hardship' because of circumsfances unique to the individual property under <br /> considerativn; and shall recommend approval only when it is demonstrated that such <br /> actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br /> Staff finds that the side yard setbacks are substantially substandard as they exist, and to <br /> further encroach into the side yard with additional structure is unreasonable. Similarly <br /> staff finds it unreasonable to allow the 2"d story to encroach into the average lakeshore <br /> setback. Further, the granting of a reduced side yard setback will have a very negative <br /> affect on the light, air and open space in this neighborhood. Staff recommends denial of <br /> 3 <br />