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, r <br /> FILE#08-3347 � <br /> 12 February 2008 <br /> Page 4 of 5 <br /> The applicants have proposed significant vegetative improvements to screen and blend <br /> . the proposed stair system into the slope. Computer-generated landscape plans have <br /> been submitted by the applicants so the Planning Commission can visualize what the <br /> slope will look like when the vegetation matures. This is attached as Exhibit G. <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 anticipated 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 fhe Zoning Code in instances where their sfrict enforcement wou/d cause <br /> undue hardship because of circumstances unique to the individual property under <br /> consideration, and shall recommend approval only when it is demonstrated thaf such - <br /> actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br /> Staff finds while the Code allows for a minimum sized stair to access the lake as <br /> opposed to drastic topographic changes, the proposed stair results in 4% more <br /> hardcover than the minimal, straight shot stair. In most cases a 4' wide minimal, wooden <br /> stair to the lake is undesirable to homeowners as it is difficult to traverse for children, <br /> elderly persons and when carrying recreational items such as coolers and life jackets <br /> etc. While a post constructed wooden stair is typically what is permitted with a building <br /> permit, the applicants' existing railroad stair system is cut into the slope as is the <br /> proposed stair. There will need to be some level of remediation to repair the slope when <br /> the railroad ties are removed. <br /> The existing railroad tie stair system within the 0-75' setback zone constitutes 4.7% <br /> hardcover. The proposed limestone stair system and re-grading of the slope to eliminate <br /> the railroad tie stairs, cut in the new stair system and construct the short walls will be an <br /> increase in 0-75' zone hardcover to 8.8%. When the installed vegetation fully matures <br /> the proposed stair and wall system will be less visible and more natural looking when <br /> viewed from the lake than the existing railroad tie stair. However, the proposal results in <br /> a 151 additional square feet or 4% increase in hardcover. <br /> Issues for Consideration <br /> 1. The Planning Commission should review the topography of the applicants' property <br /> and discuss whether or not the straight shot of stairs, which are permitted, to the <br /> lake is unreasonable? <br /> 2. Are the cut-in stairs as proposed reasonable or can they be reduced in any way? <br /> 3. Are there any other issues or concerns with this application? . <br /> 4 <br />