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FILE#13-3636 15 Oct 2013 Page 4 of 4 Practical Difficulties Analysis In considerinq applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, liqht and air, danqer of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in insrances where their strict enforcemeni would cause practical di�culties because of circumstances unique to the individua/ property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. The original house was built in 1979. There have been additions or modifications over the years, but it seems apparent that the additions and modifications were done in an attempt to be respectful of the lake and side setbacks. The existing garage has a total space of 32 feet in width by 18 feet of depth. A large sedan may be 17 feet long; a standard, full-sized SUV is about 18 feet in length; and some heavy-duty pick-ups can be up to 22 feet in length. The 18 feet of depth in the current garage may pose a challenge for storing lengthier vehicles, however creating a more nonconforming structure is not in character with the neighborhood. There is a small portion of the proposed addition that does not encroach into the side or lake setback, but would still result in a new encroachment into the average lakeshore setback. The proposed addition adds mass within the eastern side setback area and also within the average lakeshore setback which may impact the views of the lake currently enjoyed by the adjacent property owner. The applicant has not demonstrated a reasonable practical difficulty supporting additional structure within the 75-foot setback area. The applicant has failed to demonstrate that enforcing the provisions of the Zoning Ordinance deprive them of the reasonable use of the property. As a lakeshore lot of 2.7 acres, the property is permitted up to a 1,200 square foot detached garage on the street side of the property. This detached garage may be located 50 feet from the rear/street lot line. While not logistically ideal it may be a solution for storage of vehicles or other materials and equipment... Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, wil� not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends denial of the variances.