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#1165 - variances-1980
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1856 Shadywood Road - 17-117-23-24-0017
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#1165 - variances-1980
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Last modified
8/22/2023 3:34:50 PM
Creation date
9/5/2018 12:08:42 PM
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x Address Old
House Number
1856
Street Name
Shadywood
Street Type
Road
Address
1856 Shadywood Road
Document Type
Resolutions
PIN
1711723240017
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4. Dr. Seifert has stated that the four dwellings <br /> were built and have been occupied continuously since before <br /> 1949. <br /> 5. The first zoning of this property by the then <br /> Village of Orono in 1950, established this area as a "resi- <br /> dential" district but did not limit the use to "single family" <br /> residential uses. The 196'� ordinance adopted by the Village <br /> of Orono established the R-1D single family residential half- <br /> acre district which imposed requirements upon the use of the <br /> property similar to the LR-1C use district which was adopted <br /> in 1974 . Therefore, as of September 14, 1967, if not before, <br /> the multiple use of the property and the property itself was <br /> non-conforming. The city has no record of and Dr. Seifert <br /> has not applied for any occupancy certificate at any time <br /> since this provision was added to the Municipal Code. <br /> 6. The expansion of the principal building on said <br /> property as proposed constitutes an expansion of a non-conform- <br /> ing use and for which use a certificate of occupancy has not <br /> been granted. Such expansion is specifically prohibited by <br /> �31. 109 of the Orono Mur�icipal Code. The city has never <br /> granted a variance to that section of the Municipal Code. <br /> _ 7 . An additional variance is necessary for the con- <br /> struction of the proposed addition in that there is already <br /> an excessive amount of hardcover on said property in violation <br /> of the municipal ordinance. <br /> 8. Said property is also non-conforming in that the <br /> rental unit adjacent. to the lake is approximately 16 feet <br /> from the shoreline and the Municipal Code of the City of <br /> Orono requires a setbacl� of 75 feet. <br /> � 9. The granti,ng of any variance normally would not <br /> be granted to allow for yet another intensification of the <br /> use of a substandard lot because such intensification is: <br /> A. Adverse to the comprehe�sive plan of the city; <br /> B. In conflict with the specific performance <br /> standards of the Zoning Code; <br /> C. In conflict with the intents and purposes of <br /> the Zoning Code; , <br /> ..� - <br /> D. Any expansion to the principal structures <br /> would help to delay the time in which the property and use <br /> thereof could be made conforming unless the appellant agrees <br /> to reduce the non-conforming features of the use. <br /> 10. Normally the City Council applies the well-estab- <br /> lished rule that non-conforming uses are to be restricted <br /> -2- <br />
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