03-16-2009 Planning Commission Packet

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, ` #09-2298 March 16,2009 Page 3 of 3 Hardship Statement Applicant has completed the Hardship Documentation Form attached as E�ibit B, and should be asked for additional testimony regarding the application. Hardship Analys�s In consideri�zg applications for variance, tlee Planning Commission sl:all consider t/:e effect of t/�e proposed variance upon t1:e liealth, safety and welfare of tlre community, existing and anticipated traffic conditions, light and air, danger of fire, risk to tl:e public safety,and t/:e effect on values of property in tlze surrounding area. Tlee Planning Commission sliall consider recommending approval for variances from t/ie literal provisions of the Zoning Code in instances wl:ere tlieir strict enforcenient would cause undue l:ardship because of circumstances unique to tlte iridividual property under coi:sideration, and slzall recommend approval only wl:en it is demonstrated tleat suc1: actions wil!be in keeping wit/i tl:e spirit and intent of tlie Orono Zo�:ing Code. Issues for Consideration ' Existing Hardcover When the application was made Staff did not realize that all the existing hardcover was not legal. The applicant should be asked for justification for the current haxdcover in excess of 25 percent. � Rain garden The application states the proposal would capture in a rain garden 75 percent of runoff from the 250 to 500 foot zone and 50% of the runoff from the portion of the house roof within the 75 to 250 foot zone. The City Engineer is reviewing the proposal. His report will be � distributed at or before the meeting. As a general rule, however, the City has not accepted 'proposed mitigation measures as the basis for granting hardcover variances; rather, sufficient hardship must be shown. Are the Applicant's hardships as noted in their submittals sufficient � for approval? Are there areas of hardcover that might be removed? Alternative location • A detached garage of 208 square feet could be constructed between the house and the street without any hardcover removals. This would be a small single car garage. With removals a larger garage could be constructed. None of the lakeshore lots on Pheasant Road have accessory buildings closer to the street than the house. None of the lots on Pheasant Road appear to have detached garages. Are there any other issues or concerns with this application? Staff Recommendation Staff is unable to make a recommendation until the City Engineer has completed his review.