09-21-2009 Planning Commission Packet

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� FILE#09-3426 77 September 2009 Page 3 of 3 Average Lakeshore Setback Variance The existing home encroaches into the average lakeshore setback by 10 feet. The � � proposed addition will be 14' ahead of the average lakeshore setback line. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider �. the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated tra�c conditions, lighf and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when if is demonstrafed that such actions will be in keeping with the,spirit and intent of the Orono Zoning Code. Staff finds the proposed location for the sun porch addition is reasonable and in character with the home and surrounding neighborhood. The encroachment into the average lakeshore setback has the potential to affect the property owner to the west, however due to topography and location of trees staff feels there will be little impact. See Exhibit G for a view from the western neighbor across the applicants' property . Issues for Consideration � � Are there any further opportunities for hardcover removals within the 0-75' or 75'-250' zones? Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the variances as requested.