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� FILE#10-3445 <br /> 11 February 2010 <br /> , Page 3 of 4 <br /> Hardcover Calculations: <br /> � Hardcover Total Area in Allowed � Existing Proposed <br /> Zone Zone Hardcover Hardcover Hardcover <br /> 0—75' 1,714 s.f. 0 s.f 240 s.f.* 240 s.f. <br /> (0%) (14%) (14%) <br /> 75'—250' 5,857 s.f. 1,464 s.f. 533 s.f.* 533 s.f. <br /> (25%) (9%) (9%) <br /> 250' —500' 13,669 s.f. 4,100 s.f. 6,046 s.f.* 6,046 s.f. <br /> (30%) (44%) (44%) <br /> *After exclusion of fabric or plastic-lined landscape beds <br /> ------------------------------------------------------------------------------------ <br /> Hardcover 8� Lake Setback Variance <br /> The applicants are requesting a hardcover variance within the 0-75' zone to allow 240 <br /> square feet (14%) hardcover where only 112 square feet (6%) is permitted for the lake <br /> access stair. The proposed deck would be set back only 28 feet from the OHWL where <br /> a 75-foot structural setback is required. <br /> Side Yard Setback Variances <br /> The applicants' property is very narrow at the lake until approximately 200 feet landward. <br /> The 14 foot wide deck encroaches on both side lot lines. There is a proposed 0 foot <br /> setback on the north and an 8-foot setback from the south property line. <br /> Average Lakeshore Setback Variance <br /> The proposed deck will be located significantly ahead of the average lakeshore setback <br /> line. It is proposed as grade-level and should not interfere with views of the lake from <br /> adjacent properties. <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 the Zoning Code in instances where their strict enforcement would cause <br /> undue hardship because of circumsfances unique to the individual property under <br /> consideration, and shall recommend approval only when it is demonstrated that such <br /> actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br /> Staff finds the grade drop off in the lake yard necessitates the lake access staircase. <br /> The applicants' proposed deck will be at-grade and the deck itself will not interFere with <br /> the views of the lake enjoyed from neighboring properties. However, patio furniture or <br /> other appurtenances may block views. Both of the immediate neighboring properties <br /> have significantly larger lakeside decks or structures than the applicants are requesting. <br /> The proposed deck appears to function as a large stair landing; perhaps a smaller <br /> landing area centered on the stair would be more appropriate. The 128 square feet of <br /> hardcover associated with the deck accounts for approximately 7.5% of the hardcover <br /> within the 0-75' setback zone. However at 20 feet wide, the zone itself is extremely <br /> small in comparison to the adjacent properties. The narrowness of the property at the <br /> 3 <br />