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12-3552 <br /> April 11,2012 <br /> Page 3 of 4 <br /> --------------------------------------------------------------------------------------- <br /> Hardcover Variance <br /> At 48.2%, the property currently exceeds the allowed hardcover level by 23.2% within the 75' to <br /> 250' zone. The existing hardcover includes a 2,193 square foot home, 3,973 square feet of <br /> _ driveway; and 1,704 square feet of miscellaneous pool, sidewalk, patio, and etc. hardcover. The <br /> applicants are proposing to reduce hardcover in part by removing the loop portion of the driveway. <br /> However the proposed hardcover levels still far exceed the code-allowed 25% or 3,601 square feet. <br /> As the planning commission is aware,the City is on the brink of adopting new hardcover regulations�� <br /> which would classify this property as a "Tier 1" lot and afford this property 25%of the entire lot area <br /> or 5,296 square feet. At 6,756 square feet, the applicants' proposal exceeds this level by 1,460 <br /> square feet. <br /> In reviewing whether additional removals are possible, it is noted that the property has a pool and <br /> patio area in the lake yard accounting for nearly 1,500 square feet which exceeds the size of the <br /> proposed garage addition. The loop driveway is also an obvious removal option and likely because <br /> the proposed garage removes some of the loop functionality, it has been slotted for elimination. <br /> Practical Difficulties Statement <br /> Applicants have completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. ' <br /> Practical Difficulties Analysis <br /> In considering applications for variance, the Planningr Commission shall consider the effect of the proposed <br /> variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, <br /> light and air,danger of�re,risk to the public safety, and the effect on values of property in rhe surrounding <br /> - area. The Planning Commission shall consider recommending approval for variances from the literal <br /> provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties <br /> . because of circumstances unique to tbe individual property under consideration, and shall recommend <br /> approval only when it is demonstrated that such octions will be in keeping with the spirit and intent of the <br /> Orono Zoning Code. <br /> Staff Review of Practical Difficulties <br /> R <br /> The lot was legally created and the existing house was built prior to the adoption of the current <br /> zoning standards. The property owner is proposing to add a porch and garage. Because of pie <br /> shape configuration the new hardcover regulations wi�l not significantly benefit this property. <br /> Including the proposed hardcover removals the applicants' proposal will still exceed current and <br /> future allowed hardcover percentages.The property currently has an attached garage. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the owners propose to use the subject <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. How does the Planning Commission find that the variances, if granted, will affect the . <br /> essential character of the neighborhood? <br /> . 3. If the Commission recommends approval of the requested variances is it appropriate to <br /> impose conditions in order to mitigate the impacts created by the granting of the <br /> requested variances? A raingarden? Native vegetative swale along the property line or <br /> shoreline buffering along the lakeshore? <br /> 4. Are the hardcover levels supported by practical difficulties? Is there room to reduce <br />