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;� <br /> t #08-3350 <br /> March 17,2008 <br /> Page 3 of 4 <br /> hardcover in the 250 to 500 foot zone to 35.08%or 1,255 square feet more than allowed. <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, tl:e Planning Commission shall consider tl:e effect of t/ie proposed <br /> variance upon the healt/t, safety and welfare of tlie community, existing and anticipated traffic conditions, <br /> ligl:t and air, danger of fire, risk to tl:e public safety, and tl:e effect on values of properry in tl:e surrounding <br /> area. The Planning Commission shall consider recommending approval for variances from the literal <br /> provisions of the Zoning Code in instances wl:ere t/:eir strict enforcement would cause undue hardship <br /> because of circumstances unique to tlee individual property under consideration, and shall recommend <br /> approval only wlien it is demonstrated t/iat suc/i actions will be in keeping with t/te spirit and intent of the <br /> Orono Zoning Cod� � � <br /> Issues for Consideration <br /> Should this request be viewed as a reduction in hardcover or a request for additional <br /> hardcover? Practice has been to not consider any existing improvements when the existing <br /> house is being totally removed. There would be no grounds for approving a variance to <br /> accommodate a tennis court since reasonable use of the property exists without it. If the <br /> Owner chose to "remodel" the existing house without increasing or relocating hardcover or <br /> requiring other variances all the hardcover on the property could remain. Is it in the Cit� <br /> best interest to accept a si�nificant reduction in haxdcover rather than wait for the propertv to � <br /> , redevelop? <br /> Since the tennis court will not have the usual enclosing fence is it reasonable for it to be <br /> • located between the street and the house? Setting aside the hardcover issue, the property <br /> could have a patio or hard surface play area between street and the house as long as it was <br /> not surrounded by a fence taller than six feet. The portion of the street yard between the <br /> house and 30 feet from the street right of way could be enclosed by a six foot privacy fence. <br /> The code has special provisions to allow accessory structures of less than 1,000 square feet <br /> between the house and street for lakeshore lots. Detached garages less than 1,000 square feet <br /> can be located 10 or 15 feet from the street as long as the overhead door faces to the side or <br /> rear. Other accessory structures less than 1,000 square feet must comply with the street <br /> setback for a principal structure. Would the proposed tennis court be less obtrusive than a <br /> 999 square foot accessory structure in the same location? <br /> Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> A. If the Planning Commission determines it appropriate to grant the hardcover variance <br /> Staff would recommend it be conditioned on: <br /> 1. Provision of rain gardens or other measures to control the amount, rate and quality of <br /> runoff(to be approved by the City Engineer before final approval is granted). <br /> 2. No additional hardcover in the 75 to 250 foot zone. <br />