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� 12-3581 <br /> 14 November 2012 <br /> Page 3 of 4 <br /> A 75' to 250' zone hardcover variance was granted in 1989 in order to allow construction of a new <br /> home, deck, driveway and sidewalk. 34.26%or 3,580 square feet of hardcover was approved where <br /> 25% is normally allowed. To compare this with the new method of calculation the allowed total <br /> hardcover was 3,833 square feet of the total (including the shed). At the time the variances were <br /> granted (July 1989) there was no lot coverage standard in place. In August 1989 the City adopted <br /> Ordinance No. 72, 2"d Series that limited lot coverage to 15%. It appears that compared to the site <br /> plan that was approved in 1989 today there is an additional 140 square feet of structural coverage. <br /> Using the current method of calculating hardcover (use of the entire lot area, retaining walls & <br /> fabric aren't counted,etc)the current hardcover level on the property exceeds the 1989 approval by <br /> 465 square feet; the 1989 structural coverage level was 2,750 square feet or 17.9% (including the <br /> boathouse and deck). There were no additional variances granted to allow additional hardcover or <br /> structure. After reviewing the 1989 survey for the proposed home it appears the house was <br /> constructed generally according to the approved plan if only slightly larger. The driveway as shown <br /> on the 1989 survey generally appears to follow the same shape and size as what currently exists but <br /> exceeds the 1989 level allowed for the driveway and sidewalk by 109 square feet. The additional <br /> hardcover on the property today which was not part of the plan in 1989 appears to be the <br /> stairs/stepping stones along the north side of the home, a paver patio, a slightly larger deck, a little <br /> straightening in the driveway and a deck on the boathouse. <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 Planning Commission shall consider the effect of the proposed <br /> variance upon the health,safety and welfare of the community, existing and anticipated tra�c conditions, <br /> light and air, danger of fire,risk to the public safety,and the effect on values of property in the 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 unigue to the individual property under consideration, and shall recommend <br /> approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br /> Orono Zoning Code. <br /> Staff Review of Practicat Difficulties <br /> The existing house was built in 1989 with variances for hardcover which, based on the submitted <br /> hardcover calculations, have been exceeded. Staff is supportive of a variance for reconstruction of <br /> the existing deck provided there is no net structural or hardcover gain; at a minimum 45 square feet <br /> of area should be taken out of the proposed deck. <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. The stairs, stepping stones, driveway and patio additions may have increased the <br /> usability of the property but exceed the approved hardcover level. Should the <br />