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07-19-2010 Planning Commission Packet
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07-19-2010 Planning Commission Packet
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r � <br /> FILE#10-3479 . <br /> 13 July 2010 <br /> Page 3 of 3 <br /> Hardcover Variance <br /> The property is permitted 3,276 square feet of hardcover within the 75'-250' zone and <br /> 4,148 square feet of hardcover within the 250'-500' zone. A total of 7,428 square feet of <br /> hardcover is allowed on the property. The applicant is proposing a new home with a ' <br /> footprint of 3,028 square feet, a 457 square foot detached garage, and approximately <br /> 5,500 square feet of driveway and sidewalk. The applicant is proposing to exceed the . <br /> allowed hardcover by 1737 feet. <br /> Hardship Statement <br /> Applicant has completed the Hardship Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Hardship Analysis <br /> In considering applications for variance, fhe Planning Commission shall consider <br /> the effect of the proposed variance upon the healfh, safety and welfare of the <br /> community, existing and anticipafed tra�c conditions, light and air, danger of fire, . <br /> risk to the public safety, and fhe effect on values of property in the surrounding <br /> area. The Planning Commission shall consider recommending approval for ' <br /> variances from the literal provisions of the Zoning Code in instances where their <br /> strict enforcement would cause undue hardship because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval <br /> only when it is demonstrated that such actions will be in keeping with the spirit <br /> and intent of the Orono Zoning Code. <br /> . Staff finds that•there would be an undue hardship by the application of the lot width <br /> requirement of 100 feet because the strict enforcement of the Zoning Code would <br /> prevent the construction of any home on the property. However, the applicant has not <br /> demonstrated that enforcing the hardcover provisions of the Zoning Ordinance deprive <br /> the applicant of the reasonable use of their property. Staff finds that the applicant is not <br /> prevented from building a smaller home, located closer to the street that could be <br /> constructed on the property and not require any hardcover variances. <br /> Issues for Consideration ' <br /> Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Planning Staff recommends approval of the lot width variance to construct a new home <br /> on the property. However, staff recommends denial of the hardcover variances for the <br /> . project. <br /> i sa9io�a <br />
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