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ction of the new home e severe encroachments 2 square feet to 2,647 cruuchment of 7.3 fed; croachment of 11 feet. variance would be an ic an undue iiardship if ns of this chapter. ivc no bearing on tliis t is modest by current perty. Current market bracket require a triple to inadequate access to :es shall be granted for stal. §216C.06, subd.2. i application. ance any use that is not rone where the affected lot result in a change of temporary use of a one- Mayor Barbara Peterson City Council Members December 10, 2004 Page 4 RESPONSE; This finding is not applicable to this application. The special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property. RESPONSE: Tlie Property has a width of 80 feet on both the road and lake-side. The unique configuration of the lake resource, however, results in nearly 300 feet of shoreline at the 929.4 foot elevation impacting the Property for setback purposes. This is a condition peculiar to this Property. The conditions do not apply generally to other land or structures in the district in which the land is located. RESPONSE: The condition described in finding number 8 above is not applicable to other land or structures in this distric* or vicinity. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the application. RESPONSE: 2618 Casco Point Road is a challenging property. A 25% hardcover limitation results in the inability to construct a reasonably-si/cd dwelling structure. Due to the e.\traordinary application of setback requirements due to the extraordinary shoreline, the total available hardcover for this Property of nearly one acre is approximately 1,913 square feet. The applicant’s request for 2,648 square feet is reasonable for the preservation and enjoyment of the use of this Property. A 1,913 square foot hardcover limitation would deprive the applicant of its property right to coiistriict a reasonable dwelling unit on their land. (11) The granting of the proposed variance will not in imy way impair health, safety, comfort or morals, or in any other respect be contrary' to the intent of this chapter. RESPONSE: The granting of the variance is consistent with the intent and spirit of the zoning code. The granting of the variance would in no way adversely affect the health, safety, comfort of morals of the neighborhood or the City of Orono. The 2000 square fool reduction in total hardcover advances the spirit and intent of the hardcover requirements of the Orono Code. (10) 2!6232lvl \*