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+ FILE#13-3600 <br /> 2 April 2013 <br /> Page 5 of 5 <br /> Re: Item 9. This standard requires that the grading activity must not substantially impair the use <br /> and enjoyment of the property in the area or have an adverse impact on the property values in <br /> the area when compared to the impairment or impact of generally permitted uses. The <br /> proposed use of the property for construction of a residence will not be changing as a result of <br /> the proposed grading activity, so there should be no change in the use and enjoyment of <br /> adjacent properties. <br /> Re: Item 13. This standard requires that the grading be designed to take into account the <br /> natural, scenic, and historic features of the area and to minimize environmental impact. The fill <br /> and proposed grading on this lot will have minimal if any environmental impacts. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, <br /> and 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 <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 fire, risk to the public safety, and the <br /> effett on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in <br /> instances where their stricf enforcement would cause practical di�culties because of <br /> circumstances unique 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 <br /> intent of the Orono Zoning Code. <br /> Staff finds that the location of the new residence will result in an improvement of the average <br /> lakeshore setback encroachment for the property to the northeast. This home is situated with <br /> views facing east and north. Only one side window appears to face the subject home. Aerial <br /> photos show the existing tree stand between the two homes in the area where the proposed <br /> home will encroach into the average lakeshore setback. <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 and CUP, if granted, will not <br /> alter the essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance and/or the CUP? <br /> 4. Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Planning Staff recommends approval of the CUP and average lakeshore setback variance if the <br /> Planning Commission determines the existing views enjoyed by the neighboring homes will not <br /> be further impacted. <br />