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Resolution 7278
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165 Bederwood Drive - PID: 05-117-23-12-0011
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Resolution 7278
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Last modified
8/22/2023 5:15:58 PM
Creation date
9/13/2022 11:24:03 AM
Metadata
Fields
Template:
x Address Old
House Number
165
Street Name
Bederwood
Street Type
Drive
Address
165 Bederwood Dr
Document Type
Land Use
PIN
0511723120011
Supplemental fields
ProcessedPID
Updated
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0Ar CITY <br />NO. <br />OF/ <br />2ORONO78RESOLUTIONOFTHECITY COUNCIL <br />yF G <br />ICESH0‘1-`" <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br />ANALYSIS: <br />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . ." The setback variances are supported by practical <br />difficulties due to the substandard lot conditions and lot of record status. The requested <br />variances for front and side setback for the garage addition appear to be in harmony with <br />the City's goals for conforming development and are in harmony with the Ordinance. The <br />requested setback variances are reasonable considering the location of the existing <br />home. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan." Based on the location of the existing home setback variances are <br />needed to construct the attached garage addition to the home which is consistent with the <br />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 required setbacks for the Property allow for an approximate 3,200 square foot <br />building area; the existing home footprint extends 10 feet outside of the buildable <br />envelope. It is reasonable to connect the garage addition on the east side of the <br />home to utilize the existing driveway easement which requires variances. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The substandard size of the Property, railroad right-of-way encroachment, <br />orientation, and driveway easement access are existing conditions; there is no <br />available land with which to make the Property conforming. The location of the <br />driveway easement and existing home are likely driving the design and support the <br />setback variances; <br />c. The variance, if granted, will not alter the essential character of the locality." <br />3
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