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Resolution 7191
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3215 Crystal Bay Road - 17-117-23-41-0010
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Resolution 7191
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Last modified
8/22/2023 3:39:30 PM
Creation date
9/27/2021 3:38:49 PM
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x Address Old
House Number
3215
Street Name
Crystal Bay
Street Type
Road
Address
3215 Crystal Bay Road
Document Type
Resolutions
PIN
1711723410010
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7 1 9 1 <br />ANALYSIS: <br />"Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The proposed variances are in harmony with the <br />purpose of the Ordinance. The substandard lot has difficulties in its small size and width, <br />and unique access circumstance over the easement on the rear. The garage location <br />moves and improves a non -conforming existing setback on the west side moving the <br />encroachment toward a lesser affected property to the east. The project results in an <br />overall reduction in hardcover. <br />2. "Variances shall only be permitted ... when the variances are consistent with the <br />comprehensive plan." The variances proposed to rebuild a detached garage on this <br />nonconforming lot are consistent with the comprehensive plan. <br />3. "Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in <br />connection with the granting of a variance, means that: <br />a. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br />The request to permit re -construction of the detached garage on the substandard <br />lot is reasonable. <br />b. The plight of the landowneris due to circumstances unique to his property not created <br />by the landowner. <br />The substandard lot size is an existing condition, there is no available land with <br />which to make the Property more conforming. The restricted driveway access and <br />lack of off-site parking availability are challenges not created by the owners. There <br />should be consideration for a setback variance approval for from the lot which is <br />substandard in width and area requirements. The project has been designed with <br />an effort toward limiting the additional hardcover without sacrificing functionality; <br />c. The variance, if granted, will not alter the essential character of the locality. " <br />The replacement garage is to be in a similar location as the existing garage <br />keeping with existing character. The variances are requested in order to permit <br />construction of a detached garage, which is reasonable. <br />4. "Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been a factor in the variance approval determination. <br />
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