10-17-2011 Planning Commission Packet

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' FILE#11-3528 11 October 2011 Page 3 of 3 suggests reviewing what is being requested against the Code and the 2007 approvals. The applicants are requesting a variance to add 88 square feet of hardcover to the 75' to 250' zone increasing that zone from the 3,512 square feet (28.4%) approved in 2007 to 3,600 square feet (29.1%); and requesting to add 217 additional square feet over the Code allowed 30% in the 250'to 500' zone which would exceed the approved level by 590 square feet. Practical Difficulties Statement Applicants have completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis In considering applications for variance, rhe P/anning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated tra�c conditions, light 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 litera/ provisions of the Zoning Code in instances where their strict enforcement would cause practical di�culties because of circumstances unigue to the individua/ property under consideration, and shall recommend approva/only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. A practical difficulty has not been identified which supports the granting of hardcover variances to allow hardcover above the 28.4% allowed within the 75' to 250' zone in 2007; or 26.39% limitation within the 250'to 500' zone imposed by the 2007 resolution. Additionally, it appears during construction, retaining walls were added which do not meet the required 5-foot setback from property lines. The applicants should be required to remove the wall encroachments. Issues for Consideration 1. Has the Planning Commission identified practical difficulties which support hardcover increases on the property above the levels approved with Resolution No. 5601? 2. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 3. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 4. If applicable, does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 5. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends denial of the requested variances to increase hardcover above the 2007 levels approved by Resolution No. 5601. As some of the "proposed" hardcover is actually "existing" hardcover, the hardcover in excess of 2007 approved levels should be removed. Additionally, retaining wall encroachments should be removed and the required rain garden should be installed. A new survey should be submitted for as-built verification of wall removals and as well as a final hardcover record forthe property.