Re: request to vary from covenants

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June 16, 1993 Page 3 is only a small elevation change, that a sidewalk curving in the fashion indicated on the site plan attached be a permitted improvement within the 50-foot zone. The sidewalk will be low- key, nicely landscaped and will be a positive addition to both the Figge residence and to Sugarwoods. Drainage Issue Immediately north of the patio, at the rear of the house there is an area approximately 35 ' x 25 ' , triangular in shape, under water with about 10" of water at the deepest goint which water has already killed some mature trees. The Figge' s wish to fill this area so that the area will positively drain to the north of the lot where the drainage and utility easement lies and where the balance of the drainage on the lot now flows. This small, low spot was caused by "volunteer" (suckering) ash trees which grew up along fence line. The trees should have been trimmed to prevent water blockage, but they were not. Over time, as the ash grew in profundity they stopped the water flow out of the area, caused the water build-up and killed trees in the area. Even though this fill will be within the 50- foot setback zone, it is beneficial to the Figge's property and Sugarwoods in general in that it will facilitate better drainage from the site, will prevent the killing of more and more trees and will restore the area to its preexisting natural condition. Procedure. The Figge's would like permission to make the three changes described above. The methodology of making the changes may either be by interpretation of the existing declaration and Orono Resolution No. 2652 , or by variance from Orono Resolution No. 2652 and other governing rules and regulations because of hardship to the applicant. With regard to the sidewalk, the hardship to the applicant is caused by the unique shape and topography of the Figge lot in that it drops away steeply to the rear limiting the usable area outside the 50-foot setback zone on the street side of the property; the problem is a naturally created one not created by the Figge's; for a substantial and lovely new house it is a hardship that there be no adequate means of pedestrian access to it. The lack thereof would set their property apart from other lots in Sugarwoods which have a more amenable usable building area on the street side for appropriate vehicular and pedestrian access. The reasons for the driveway interpretation or variance are similar, but are more related to, in essence, carrying out the intents and purposes of Orono Resolution No. 2652 in that a curving driveway, the Figge's submit, is more aesthetic, more natural, than a perfectly straight driveway and it is our view that "straight" refers to the permissible 20-foot width from the