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° FILE#12-3564 <br /> 11 July 2012 <br /> Page 3 of 3 <br /> Practical Difficulties Analysis � <br /> In considering applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the i►ealth,safety and welfare of the community, existing and anticipated <br /> traffic conditions, light and air, danger of frre, risk to the public safety, and the effect on va/ues of <br /> property in the surrounding area. The P/anning Commission shall consider recommending <br /> approval for variances from the literal provisions of the Zoning Code in instances where their strict <br /> enforcement would cause practica/ di�culties because of circumstances unique to the individual <br /> property under consideration, and shal/recommend approval on/y when it is demonstrated that � <br /> such actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br /> The subject property is a one acre lot within a two acre minimum zone. The LR-1A district standards <br /> of 50 foot front yard and 30 foot side yard setbacks apply. Additionally a Manage 2 wetland exists <br /> on the northwest portion of the property making it difficult to construct conforming additional <br /> garage/storage space elsewhere on the lot. The proposed project triggers the need for a 25-foot <br /> wetland buffer. The applicant's request to slightly enlarge the existing garage to accommodate <br /> additional storage space on the property may be reasonable as they are not requesting�to encroach <br /> closer to the street than the existing home and no other variances are requested.The size of the lot, <br /> the existence of wetland, and the location of the existing home are circumstances unique to the <br /> °t•; <br /> . subject property and not caused by the landowner. The proposed garage additions are consistent <br /> with the comprehensive plan; do not appear to alter the essential character of the neighborhood; <br /> and do not appear to adversely impact adjacent properties. . <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 variance, 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 /> potential impacts created by the granting of the requested variances? <br /> 4. Are there any other issues or concerns with this application? <br /> StafF Recommendation � <br /> Planning Staff recommends approval of the setback variance to allow reconstruction of a larger, <br /> � attached garage with basement 35 feet from the front property line where a 50 foot setback is <br /> required. The applicant will be required to follow all of the City Engineer's recommendations <br /> regarding grading and retaining wall construction with the building permit. The applicant's plan <br /> triggers the requirement for creation of a native buffer on the property surrounding the existing <br /> Manage 2 wetland. Prior to issuance of a building permit the applicant should submit <br /> documentation from the MCWD indicating acceptance of the location of the delineated wetland <br /> boundary as indicated on the survey. Once the delineation is approved by the MCWD, the existing <br /> buffer vegetation will be inspected by the City and a buffer establishment/enhancement plan <br /> including escrow will be required (if necessary). � <br />