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• <br />c <br />c <br />(. <br />LAND USE PLANNING - ZONING VARIANCE APPLICATION <br />(Keep this page for your information) <br />THE ZONING CODE is a set of regulations and performance standards aimed at <br />guiding the orderly development and use of land within Orono consistent <br />with the goals of our Comprehensive Plan. The attempt is made to balance <br />existing land use against ideal situations. The code is the law. <br />A VARIANCE is the procedure established to modify the strict enforcement of <br />the letter of the law. A variance may be issued by the City Council upon <br />finding that a unique situation exists, that strict enforcement would cause <br />an undue hardship, and that the end result would be within the intent of a <br />Comprehensive Plan. <br />A HARDSHIP MUST BE DEMONSTRATED BY THE APPLICANT. The hardship must be <br />unique to the land in question, or to a small area, it cannot be a common <br />situation. The hardship must run to the land. Examples are steep slopes, <br />lakes or wetlands, large trees, existing structure locations, and unusually <br />shaped or sized properties without adjacent vacant land. <br />A VARIANCE CANNOT BE ISSUED to satisfy the aesthetic or economic desires of <br />the applicant; to simplify design or construction; to affect any building <br />code requirements; to permit any land use not allowed within the zoning <br />district; when the requested use can be located somewhere on the property <br />without a variance; or if the result will in any way affect the public <br />health, safety or general welfare. <br />PROCEDURES require filing a complete application with the Zoning <br />Administrator 25 days before the Planning Commission at their regularly <br />scheduled meeting on the third Monday*. Neighbors are notified and invited <br />to attend the meeting to make relevant comments. The City Council does ask <br />that applicants have surrounding property owners execute an acknowledgement <br />form (copies attached to this application) providing written confirmation <br />that each owner has been made aware of the application. Please note this <br />acknowledgement form does not seek approval or disapproval of an <br />application. The Planning Commission reviews your request, establishes <br />facts, and makes a recommendation to the City Council. The Council will <br />then review the recommendation and approve or deny the application. <br />The following information, when applicable, is required to complete the <br />variance application: <br />1. The required Certificate of Survey must designate all current and <br />proposed improvements. <br />(*) See attached sheet for additional meetings and deadline dates. <br />{OVER)