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07-19-2004 Planning Packet
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07-19-2004 Planning Packet
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1/26/2023 12:23:04 PM
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•04-3007 <br />Miy 10.2004 <br />Past 6 <br />Stru^uml Covtngt: <br />Total Lot Area Total Structural Coverage 1 <br />43.957 sf (l Olac)Allowed-15“/o-6.600 sf t <br />Hardcover Calculations; <br />Hardcover Zone I Total Area io Zone !Allowed Hardcover <br />500-1000-1 43.957 sf.15.400 s f (35 »c) <br />Hardship Slatcmcot <br />Applicant has pro\ idcd a hardship statcT.cr.t, and should also be asked for his testimony regarding the <br />application. <br />H.'irdship Analysis <br />III coHtideriiig applications /jr larianct. the Planning Commission shall considtt tha cjfcet of tha piopostd <br />surianca upon the health, safety and welfare of the eommunity, existing and anticipated traffic conditions, light <br />and air, danger offl'e, risk to the puhlie safety, and the effect on values of property in the sni rounding area. The <br />Planning Commission shall consider recommending approval for variances from the literal provisions of tha <br />Zoning Code in instances vihere their strict enforcement would cause undue hardship because of circumstances <br />unique to the individual property under consideration, and shall reeemmaud appioval only nhen it it <br />demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code, <br />Staff ould make the folloi* ing coiTimcnts ;n regards to the cntcr.a for ’’undue hardship” pertinent to this <br />application: <br />1 . ’’The propeny in question cxnrot be put to a reasonable use if used urder conditions allowed <br />by the officii controls." <br />The area variance is necessary to allots ttse of ike sue for restdenttal dwelling <br />purposes The zoning code would nor allow use of this property for accessory uses <br />•vithoui a principal structure It can gain a principal structure by being combined with <br />an adjacent parcel arid being used as buffer area as it has been for the past three <br />decades The key issue is whether the official controls (dry wetland designation and <br />ordinances prohibiting wetland encroachment) are reasonable for this property <br />2. ‘The plight of the landowner is c ;o circumstances unique to his propeny not created by <br />the landovfc'ncr.” <br />The lot size and w etland stavus are factors unique to this lot and not under the <br />applicant 's control
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