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\ f <br /> FILE#11-3521 <br /> � . 10 August 2011 <br /> . Page 4 of 4 <br /> approva/only when it is demonstrated that such actions will be in keeping with the spirit and <br /> intent of the Orono Zoning Code. <br /> The applicant's home is generally in line with the home to the east.Staff finds practical difficulty <br /> exists with respect to the curving shoreline resulting in the average lakeshore setback line <br /> cutting through the applicant's home. The applicant is not proposing to increase hardcover <br /> above the existing, approved level and is not proposing to encroach further into the average <br /> lakeshore setback with the improvements. Staff does not find that the dormers or the deck will <br /> adversely impact views of the lake currently enjoyed by adjacent properties. <br /> StafF recently met with the son of the property owner to the west,Charlie Jones, who resides at <br /> the property. Mr. Jones made statements regarding his concern about the type of impacts the <br /> applicant's proposal will have on the value of his mother's property and the impact on his view <br /> of the lake. He also expressed concern regarding the applicant's proposal to move the outdoor <br /> living space from the east side of the lot to the west side of the lot closer to his property, <br /> resulting in a negative impact to his sense of privacy. Mr. Jones was advised to provide staff <br /> with written statements to be included within the packet and/or to appear at the public hearing. <br /> As of the drafting of this report staff has not received Mr.Jones'written comments. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variances, if granted, will not alter the <br /> essential character of the neighborhood? '` <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested average setback variance such as <br /> vegetative screening or impose conditions to mitigate the impacts created by the <br /> granting of the requested hardcover variance? <br /> 4. Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> As the applicant is not proposing an increase in the hardcover level, Planning Staff recommends <br /> approval of the hardcover variance as requested. Staff also recommends approval of average <br /> lakeshore setback variance for the deck rearrangement and roof dormers. The existing <br /> vegetative screening should be maintained and/or enhanced. Plastic or fabric liners should be <br /> required to be removed from all landscape areas, including the area within the 75-foot setback <br /> from the lake, as part of any approval. The plans should be revised to reflect the city engineer's <br /> recommendation prior to placement on a City Council agenda. <br />