Staff Recommendation on Building Permit BP 10142-A by Variance

1. Staff Recommendation on Building Permit BP 10142-A by Variance Applicant: Sandra Patty Location: Grindstone Twp., Penobscot County East Branch of the Penobscot River

2. Lot Information Applicant has two separate properties: Along the River: 0.28 acres Across the road: 0.95 acres State Route #11 splits the property Two lots are not contiguous Zoning: Shoreland Protection (P-SL1)

3. Existing Development Property was originally developed with: Mobile Home w/ additions Setback 30� from River, 51� from Rt. #11 Shed Setback 64� from River, 30� from Rt. #11 Building Permit BP 10142, issued in September of 1998 to previous owner Garage Setback 55� from River, 20� from Rt. #11

4. Lot Diagram

5. Existing Development

6. Proposal Applicant proposes to: Remove all existing structures from lot Construct: (24� x 60�) 1 � story Permanent Home (8� x 24�) Screened Porch (24� x 30�) Attached Garage (8� x 10�) Access Platform (4� x 16�) Access Ramp Install a Septic System

7. Proposed Development

8. Variance Request Applicant seeks a variance to the expansion limits of Section 10.11,C,1: Due to physical disabilities of residents of the proposed home, which according to the applicant, require a larger footprint than the expansion limits would allow.

9. Variance Request Applicant states: Current accommodations limit the current physically disabled resident to a single room.

10. Variance Request Applicant states: Current accommodations limit the current physically disabled resident to a single room. Her parents will be moving into the new home, and her father is also physically disabled, which will require additional living space

11. Variance Request Applicant states: Current accommodations limit the current physically disabled resident to a single room. Her parents will be moving into the new home, and her father is also physically disabled, which will require additional living space The additional footprint is necessary to make the residence accessible by a wheelchair and ambulance stretcher, and to allow sufficient room for the necessary medical equipment

12. Variance Request Applicant states: Current accommodations limit the current physically disabled resident to a single room. Her parents will be moving into the new home, and her father is also physically disabled, which will require additional living space The additional footprint is necessary to make the residence accessible by a wheelchair and ambulance stretcher, and to allow sufficient room for the necessary medical equipment Attached garage will allow the disabled residents access to the garage directly from the home.

13. Variance Criteria Section 10.10 Commission may grant a variance if: General spirit and intent of the rules are maintained, Public interest is otherwise protected and, Strict compliance would cause an unusual hardship or extraordinary difficulties because of the following:

14. Variance Criteria Section 10.10 The access and use needs of a person with a physical disability as defined in Title 5 section 4553, subsection 7-B who resides in or regularly uses a structure; this provision shall be applicable only under the following circumstances:

15. Variance Criteria Section 10.10 The access and use needs of a person with a physical disability as defined in Title 5 section 4553, subsection 7-B who resides in or regularly uses a structure; this provision shall be applicable only under the following circumstances: Necessary for use of residential structures

16. Variance Criteria Section 10.10 The access and use needs of a person with a physical disability as defined in Title 5 section 4553, subsection 7-B who resides in or regularly uses a structure; this provision shall be applicable only under the following circumstances: Necessary for use of residential structures Alternate proposal is not approvable under Sub-Chapter III or Section 10.11 and would not provide a reasonable accommodation to the disability

17. Variance Criteria Section 10.10 The access and use needs of a person with a physical disability as defined in Title 5 section 4553, subsection 7-B who resides in or regularly uses a structure; this provision shall be applicable only under the following circumstances: Necessary for use of residential structures Alternate proposal is not approvable under Sub-Chapter III or Section 10.11 and would not provide a reasonable accommodation to the disability Necessary to afford relief

18. Variance Criteria Section 10.10 The access and use needs of a person with a physical disability as defined in Title 5 section 4553, subsection 7-B who resides in or regularly uses a structure; this provision shall be applicable only under the following circumstances: Necessary for use of residential structures Alternate proposal is not approvable under Sub-Chapter III or Section 10.11 and would not provide a reasonable accommodation to the disability Necessary to afford relief Commission may impose limits on the duration of the variance

19. Review Criteria Section 10.11,C,1 of Commission�s Standards Permit is required for expansion of a nonconforming structure. Expansion constitutes either an increase in floor area of an increase in height of a structure. Maximum footprint allowed is 1,500 square feet Section 10.11,C,2,a of the Commission�s Standards Reconstruction or replacement must comply with the current setback requirements to the greatest possible extent

20. Review Criteria of Section 10.26,G,10 Structures necessary for disabled persons to gain access to buildings may: Greater than the allowable size Located less than the standard setbacks when the following criteria are met: Disabled person resides in or regularly uses the building Allow access and egress from the building for the person with the disability Necessary to create an accessible route Can not be reasonably created without exceeding the setbacks Design minimizes the need to exceed the allowable size and encroachment into standard setbacks

21. Conclusions Proposal meets Section 10.11,C,2,a (reconstruction/replacement standards) Structures meet the setbacks to the greatest extent possible Both waterbody and road setbacks will be less nonconforming than the existing structures Meets Section 10.26,G,10 Access ramp and Access platform allow an access way for the disabled persons to gain access to the buildings

22. Conclusions Does not qualify under Section 10.11,C,1,b (expansion limits) Maximum footprint allowed within 100 feet of the river would be 1,500 square feet Proposal contains 2,352 square feet within 100 feet of the river This figure does not include the access ramp or access platform which are allowed under 10.26,G,10

23. Conclusions Meets Variance Criteria of Section 10.10 Is necessary for the use of the residential structure by a person with a physical disability (actually two people with physical disabilities)

24. Conclusions Meets Variance Criteria of Section 10.10 Is necessary for the use of the residential structure by a person with a physical disability (actually two people with physical disabilities) Alternate proposals under Sub-Chapter III and Section 10.11 do not afford reasonable accommodations to allow access to more than one small room in the existing home

25. Conclusions Meets Variance Criteria of Section 10.10 Is necessary for the use of the residential structure by a person with a physical disability (actually two people with physical disabilities) Alternate proposals under Sub-Chapter III and Section 10.11 do not afford reasonable accommodations to allow access to more than one small room in the existing home Variance is necessary to afford relief

26. Conclusions Meets Variance Criteria of Section 10.10 Is necessary for the use of the residential structure by a person with a physical disability (actually two people with physical disabilities) Alternate proposals under Sub-Chapter III and Section 10.11 do not afford reasonable accommodations to allow access to more than one small room in the existing home Variance is necessary to afford relief Hardship is not the result of action taken by the petitioner

27. Staff Recommends Approval of Building Permit BP 10142-A by Variance