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,. <br /> F[LE 08-3367 <br /> . August 18,2008 <br /> 1 Page 3 of 3 <br /> [ig/tt and air, daizger of fire, risk to t/ie public�safety, and t/ie effect on values of property in tlte surrounding <br /> area. T/:e Planning Commission s/rall consider,recommending approval for variances from tl:e literal . <br /> provisions of tl:e Zoning Code in instances where tlieir strict enforcement wou[d cause undue I:ardsleip <br /> because of circumstances unique to tlee individual property under consideration, and sfzall recommend <br /> approva!only w/:en it is demonstrated t/tat suc/i actions will be in keeping wit/t tlee spirit and intent of t/te <br /> Orono Zoning Code. <br /> Issues for Consideration <br /> Can reasonable use be made of the property without the hardcover variance? The lot width <br /> and area variances are necessary for construction of a new house. Such variances are <br /> routinely granted in situations such as this when there is no property available to enlarge tlie <br /> property and there is an existing house on the property. � <br /> ' A house constructed at the minimum setback from the road would require 430 square feet of <br /> hardcover for the driveway, leaving 1,585 square feet for a house and sidewalk. This would <br /> place the house 37 feet behind the average lakeshore setback. If the driveway were <br /> � lengthened to place such a house at the average lakeshore setback hardcover would be about <br /> 28.75 percent or about 300 square feet more that the�maximum allowed. <br /> Can a hardcover variance be justified because it is necessary to achieve the maximum <br /> - allowed structural coverage? Applications often imply there is a contradiction between the <br /> structural coverage regulations and the hardcover regulations because they both regulate <br /> impervious surfaces. While structures are impervious surfaces, the function of the structural <br /> . coverage limitations is to regulate, in conjunction with the height and story limitations, the <br /> mass of structures. The primary purpose of hardcover regulations is environmental <br /> protection. It applies only to properties within 1,000 feet of certain lakes and 300 feet of <br /> certain creeks. • - <br /> If the Commission determines it is reasonable to allow the properiy 15 percent structural <br /> coverage the only way to accomplish significant hardcover reductions would be to move the <br /> � house closer to the street or change the shape of the house to lengthen the garage wing and <br /> reduce the width of the lakeside portion of the house. Minor reductions could be <br /> accomplished by narrowing the sidewalk along the side and to the front of the garage. � <br /> The Commission may wish to consider what improvements the applicants could make to•the <br /> property without variances. The existing house and deck could be replaced by a two and a <br /> half story house as long as the new house was in the same location and the second and half <br /> stories did not extend above the portion of the existing house and deck that is within the 10 <br /> foot side setback. (The existing deck and area could be converted to enclosed living space.) <br /> Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Planning Staff recommends approval of the lot width and area variances and approval of a <br /> hardcover variance to allow at least 29 percent hardcover in the 0 to 75 foot zone subject to a <br /> revised site/grading plan being approved by the City Engineer prior to Council approval. <br />