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10-17-2016 Planning Commission Packet
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10-17-2016 Planning Commission Packet
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� FILE#16-3866 <br /> October 13,2016 <br /> Page 5 of 6 <br /> and enjoyment of a substantial property right is for the Planning Commission and <br /> Council to decide. <br /> 11. The granting of the proposed variances will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. In the opinion <br /> of staff,granting of the requested variances would not impair health, safety, comfort <br /> or morals and would be in keeping with the intent of the zoning code. <br /> 12. The granting of such variances will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. Granting of the variances will <br /> allow reconfiguration of the home's interior to be more functional while not <br /> expanding the footprint. <br /> The Commission may recommend and the Council may impose conditions in granting of <br /> variances. Any conditions imposed must be directly related to and must bear a rough <br /> proportionality to the impact created by the variance. No variance shall be granted or changed <br /> beyond the use permitted in this chapter in the district where such land is located. <br /> Analysis — Street & Lakeshore Setback Variances for Upward Room Expansion <br /> The current footprint of this home/garage/deck was established when variances were granted <br /> in 1981 for the attached garage and in 1991 for the existing deck. Adding a second story above <br /> the garage will increase the livability of the home while not adding to hardcover nor to the <br /> structural coverage percentage.The close proximity to the lakeshore as well as the substandard <br /> setback to the street are clearly a function of the lack of lot depth from the street to the lake, <br /> and this factor is shared by the two adjacent homes to the immediate south. Planning <br /> Commission should consider whether there is a need to provide screening from the lake for <br /> the expansion above the garage. Staff would note that the house across the street sits <br /> significantly higher than applicants' house, so that lake views enjoyed by that off-lake owner <br /> (views which are not protected by code) will be minimally affected. <br /> Analysis— Hardcover & Lakeshore Setback Variances for Deck Reconfiguration <br /> The existing deck was approved via an after-the-fact variance in 1991 after it was concluded <br /> that it replaced an earlier very similar if not identical deck. The applicants are intending to <br /> reinove the existing deck and replace it with a smaller deck at the SW corner of the house,but <br /> adding a stairway toward the lake. The new stairway will be closer to the lake than the existing <br /> deck by approximately 9 feet. Unless portions of the existing patio are removed, there will be <br /> a 34 s.f increase in hardcover as a result of this deck reconfiguration. <br /> Practical DifGculties Statement <br /> Applicants have submitted a Practical Difficulties Worksheet attached as Exhibit E, and <br /> should be asked for additional testimony regarding the application. <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 />
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