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1 ( � <br /> FILE#12-3557 <br /> June 14,2012 <br /> Page 3 of 4 <br /> Practical Difficulties Analysis <br /> In considering applications for variance, the Planning Commission shall consider the effect of <br /> the proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated tra�c conditions, light and air, danger of�re, risk to the public safety, and the <br /> effect on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the litera/ provisions of the Zoning Code in <br /> instances where their strict enforcement would cause practical di�cu/ties because of <br /> circumstances unique to the individual property under consideration, and shal/ recommend <br /> approval on/y when it is demonstrated that such actions will be in keeping with the spirit and <br /> intent of the Orono Zoning Code. <br /> The City Engineer has not had a chance to weigh in on the applicant's engineering submittal <br /> which was received Wednesday. However, the Hardcover Task Force discussions regarding the <br /> use of permeable fabrics has resulted in a draft Ordinance that would revise the City's long held <br /> position that such fabrics will be considered as hardcover. The pertinent section of the <br /> proposed Ordinance reads: <br /> "Hardcover shall not include the following: landscaping with permeable lining, the first <br /> 100 square feet of pervious paver patios or walkways, the first 100 square feet of decks <br /> with a pervious surface below, handicapped ramps with a pervious surface tielow, and <br /> retaining walls." <br /> The proposed ordinance also inctudes this definition of permeable fabric: <br /> Permeable Lining (landscaping fabricJ means a 100% porous material used for weed <br /> preven.tion that allows storm water to permeate into the ground. <br /> If the proposed ordinance is ultimately adopted, applicant's hardcover numbers may be reduced <br /> significantly. <br /> Staff believes the applicant's stated practical difficulties do not support approval of a variance <br /> for excess hardcover under the current ordinances, especially given the long history of attempts <br /> by the City to gain compliance. <br /> Staff would further note that the removal plan for which the City issued a permit in December <br /> 2011 would, if implemented, reduce the 75-250' zone from 39.35% down to 26.16% (see <br /> Exhibit K-13). This variance application would appear to withdraw applicant's intent to follow <br /> through with that plan. , <br /> Issues for Consideration <br /> 1. Does Planning Commission find any factors that support approval of the requested <br /> hardcover variance? This is an unusually large lakeshore property, and construction of <br /> the residence and necessary supportive hardcover (driveways, sidewalks, etc) did not <br /> require a hardcover variance. Would Planning Commission have approved the <br /> requested hardcover variance to accommodate the landscaping features had it been <br /> proposed before-the-fact? <br /> 2. Is there a benefit to tabling this application for some short period of time to determine <br /> whether the proposed hardcover ordinance becomes a reality? If the ordinance does <br /> change the status of permeable fabric as currently proposed, would Planning <br /> Commission find any basis to grant a variance for hardcover in excess of the allowed <br /> 25%? <br />