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«•»»!•' • • • I <br />Mayor Barbara Peterson <br />City Council Members <br />December 10,2004 <br />Page 2 <br />“The council upon application may grant variances from the strict application of <br />the provisions of this chapter and impose conditions and safeguards in the <br />’ ** " variances so granted, in eases where there arc practical difficulties or particular <br />hardships in the way of carrying out the strict letter of the regulations of this <br />chapter and where the variance docs not adversely affect the purpose and intrnt of <br />this chapter nor the health or welfare of the public." <br />Section 78-123(a) provides; <br />. . . the council shall consider the advice and recommendation of the board of <br />appeals and adjustments and the effect of the proposed variance upon the health, <br />safety and welfare of the community, existing and anticipated traffic conditions, <br />light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. |Thc Planning Commission, sitting as the Board <br />of Appeals, voted 5-2 to recommend approval of a variance at 36.8% hardcover.) <br />Before granting a variance, the council shall hear requests for variances from the <br />literal provisions of this chapter in instances where their strict enforcement would <br />cause undue hardship because of circumstances unique to the individual propeily <br />under consideration, and to grant such variances only when it is demonstrated that <br />such actions will be in keeping with tlic spirit and intent of this chapter. I he <br />parameters within which a variance may be granted arc as follows; <br />(1) The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls. <br />RHSPONSE: Over two-thirds of the dry acieage is situated in the 0-75 <br />foot no-build /one. The circumstances of a 500 foot long, 80 foot wide <br />parcel with a lagoon extending into its center are wholly unique to tins <br />property. <br />(2) The plight of the landowner is due to circumstances unique to his property <br />not created by the landowner. <br />RESPONSE: fhe unique configuration of this lot with its relation to the <br />lagoon were not created by the cunent property owner, Mr. Vogstrom. <br />This lot was divided and created at least prior to 1954. The hardship <br />created by the hardcover and setback requirements imposed by Orono City <br />Code were adopted in 1984. Mr. Vogstrom purchased the Property in <br />20(34. <br />(3) The variiuice, if granted, will not alter the essential character of the <br />locality.