02-19-2008 Planning Commission Packet

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� � #08-3344 Big Island Dock System � February 13,2008 . Page 4 . . Hardshi Statement � In considering applications for variance, the Planning Commission shall consider tl:e effect of t/:e proposed variances upon t/:e leealtli, safety and welfare of t/ie community, existing and anticipated traffic conditions, ligl:t and air, danger of fire, risk to t/:e public safety, and tl:e effect on values of property in tlie surrounding area. T/ie Planning Commission s1:a11 consider recommending approval for variances from the literal provisions of tl:e Zoning Code in instances wlzere their strict enforcement would cause undue I:ards)tip because of circumstances unique to tl:e individual property under consideration, and sl:all recommend approval on[y when it is demonstrated t/iat sucli actions will be in keeping witlt tl:e spirit and intent of the Orono Zoning Code. The hardship questions are addressed as follows: 1) "The property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls." The property is an island with no vehicular access other than by boat. Because the property is a public park, it is - necessary to accommodate the public in a safe manner. Construction of the landing pads will allow for a safe, stable, ADA compliant platform from which visitors to the site can disembark, as compared to merely alighting on the shore, which would eventually cause erosion concerns as well as be unsafe for footing. . Additionally, the nature of the docks needed to serve the public as well as maintenance needs of the property requires a stable base for the gangways, which allow for floating docks to be used that have less impact on the lake bed than stationary docks, and will not have to be repositioned as the lake water level fluctuates during the season. 2) "The plight of the landowner is due to circumstances unique to the property not created by the landowner." The property is being used as a public recreation area which is how it is guided in the Comprehensive Plan adopted by the City. The island nature of the site is unique as compared to most other lakeshore properties in the City, and the public use aspects require a higher standard of safety than is typical of private residences. TJae need for public access facilities at the shore is unique in that there are no other alternatives for access that avoid activity witlzin 75'of the shoreline. 3) "The variances if granted will not alter the essential character of the locality." The character of the locality has long been a recreation area with multiple docks at the proposed location. The low profile of the landing pads and walkways will be minimally visible from offsite. . 4) "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the zoning chapter." Economics are not a factor in the request for variances. 5) (solar access, earth sheltered construction) Not applicable.