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#4991-variance/denying variance-2003
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#4991-variance/denying variance-2003
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Last modified
8/22/2023 5:44:08 PM
Creation date
3/11/2019 2:11:07 PM
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x Address Old
House Number
1280
Street Name
Spruce
Street Type
Place
Address
1280 Spruce Pl
Document Type
Resolutions
PIN
0811723320027
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� <br /> ` ` Q� .. . . <br /> � <br /> • O '• O <br /> - s CITY of ORONO <br /> ,� �,- � <br /> , ti <br /> ��� �G~' RESOLUTION OF THE CITY COUNCIL <br /> �kESI30g' NO. --�—��—�— <br /> l. � This application was reviewed as Zoning File#03-2885. <br /> 2. The property is located in the LR-1B Zoning District,where 1 acre is the minimum <br /> required lot area. The property consists of approximately 0.43 acres. � <br /> 3. The Orono Planning Commission reviewed this application on April 21, 2003 � <br /> and recommended tabling the application by a vote of 7 to 0 to allow the applicants <br /> to reduce structural coverage and hazdcover within the 75'to 250' setback�zone.The <br /> � application was reviewed at the May 19, 2003 meeting and a recommendation to <br /> � approve portions of the application was adopted by a vote of 4 to 2. <br /> 4. The Planning Commission made the following fmdings of fact: <br /> A. A new home cannot be constructed on these properties until they aze legally <br /> • combined as one lot; <br /> B. The removal of the existing house requires grading and filling within 75' of <br /> the OHWL; <br /> . C. Replacement of the existing retaining wall is not proposed in the 0-75' setback <br /> zone at this time and would require a new application in the future; <br /> D. The proposal does not require a variance for lot coverage by structures; <br /> E. The proposed new construction exceeds the 25%maximum permitted <br /> hardcover within the 75' to 250' setback zone. It is possible to meet this <br /> requirement on the legally combined lot without the granting of a variance; <br /> F.� Applications for hardcover beyond the maximum permitted proposed for new <br /> � construction have consistently been denied over the past four years; and <br /> G. No suitable hardship can be identified to support excessive hardcover in the <br /> _ 75' to 250' setback zone for new construction on the combined lot. � <br />. 5. The City Council finds that the conditions�existing on this property are peculiar to it <br /> and do not apply generally to other property in this zoning district;that granting the <br /> variances will not adversely affect traffic conditions,light,air,nor pose a fire hazard <br /> or other danger to neighboring property;would not merely serve as a convenience to <br /> the applicants,but is necessary to alleviate a demonstrable hardship or difficulty;is <br /> necessary to preserve a substantial property right of the applicants; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the <br /> City. <br /> � <br /> Page 2 of 6 � <br />
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