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. - i <br /> #10-3456 <br /> April 19,2010 <br /> Page 3 of 4 <br /> Hardship Statement <br /> Applicant has completed the Hardship Documentation Form attached as E�chibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Hardship Analysis <br /> Lt considering app[ications for varimtce, tlte Planni�zg Commission s/:all cor:sider t/ie effect of t/:e proposed <br /> varim:ce upon t/ie/:ealt/t, safety and welfare of t/te community, existing and anticipated traffic co�zditions, <br /> lig/:t and air,danger of fire, risk to t/iepublic safety, and t/:e effect on values ofproperty in t/te surrounding <br /> area. Tl:e Planning Commission sl:all consider recommending approval for variances from tlie literal <br /> provisions of tlee Zoning Code in instances wl:ere tlieir strict enforcement would cause undue lta�ds/iip <br /> because of circumstances unique to tlte individual property under consideration, and sl:all recommend <br /> approval o�zly wl:en it is demonstrated t/eat suclt actions will be in keeping wit/i t/ze spirit and intent of tlte <br /> Orono Zoning Code. <br /> Staff Comments <br /> Lot Width and Lot Area Variances: <br /> The City routinely reviews these types of requests, and grants them when no other land is <br /> available for acquisition and the property existed in separate ownership from adjacent <br /> properties prior to adoption of the current zoning standards. This lot satisfies those <br /> requirements. Similax variances were granted for other properties along Shadywood Road. <br /> Hazdcover Variance: <br /> If the lot had the same area but was 100 feet wide the depth of the lot would decrease from <br /> about 285 feet to 188 feet. The 100 foot wide lot would have about 150 square feet less in <br /> the 75-250' zone than the 62 foot side lot. The narrowness of the lot does not reduce the <br /> allowed hardcover in the 75 to 250 foot zone. <br /> The primary difficulty of a narrow lot like this is obtaining a reasonable lake view. The <br /> house to the northwest is about 80 feet from the lake, the one the other side is about 85 feet <br /> from the lake. Neither appears to be a teardown. Each is about 15 feet from the side property <br /> lines. Both lots are narrow like this lot. The proposed house is located about 90 feet from <br /> the lake. The setback to Shadywood Road is 117 feet. <br /> If view were not a concern the house could be located about 50 feet from Shadywood Road. <br /> (At the minimum setback from Shadywood Road (30 feet) haxdcover would be over the <br /> allowed 30 percent in the 250 to 500' zone.) One way of determining the appropriate level of <br /> hardcover would be to allow enough additional hardcover to provide for the longer driveway <br /> plus the tapered portion of the driveway. (The taper would be located in the 250 to 500' zone <br /> with a 50 foot house setback.) For a 9 foot wide driveway this would be about 1,179 square <br /> feet of additional hardcover. This would bring the total allowed in the 75-250' zone to about <br /> 4,042 square feet. This is 418 square feet less than proposed. The best way to determine the <br /> amount of the variance would be for the applicant to design a house that would not require a <br /> hardcover variance and then be granted a hardcover variance to place the house about 90 feet <br /> from the lake. This method was used to grant hardcover variances in two situations where a <br /> sewer line that traversed the lot forced the house to be located closer to the lake. <br /> The house can have no basement because the lot is bazely above the flood elevation. The <br /> Commission should consider if additional hardcover should be allowed for storage and for <br />