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09-20-2004 Planning Packet
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09-20-2004 Planning Packet
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EXHIBIT J| <br />length of the 20 ft tall wall of the new home on this side increases from 45 ft to 75 ft, creating 68 <br />ft of new intrusion into the presently provided 12 ft side yard <br />No effective or meaningful improvement to mitigate the reduced yard or the extension of the <br />length of the house is provided by the new plan. This side yard is both eftcctively. and. if <br />measured along its length, is actually reducixl from that provided by the present hoiiid <br />B Extreme increase in building bulk and height not buffered by an adequate side yard <br />The present home is a single story home with a low profile mansard roof, see photos two and <br />three. The new house, with 2400 sf of lot coverage, a full second story and a steeply pitched roof <br />to perhaps provide a livable attic space will be by design signiftcamly taller tlian the present <br />home and the adjacent homes at 340 and 348 And, the length of this new wail of home intruding <br />into the side yard increases from 45 ft tj 75 ft <br />The applicants have not taken the care to provide an elevation for this side of the home, nor <br />any consideration of buffering or mitigation of the eftect of the proposed greatly increased bulk <br />and massing on the adiacent properties. <br />No variance should be approved for this side yard The solution is, as with all other properties <br />redeveloped along Westlake, wait until you can acquire a neighbor, and by consolidation provide <br />a 100 ft wide parcel that can support ad^uate side yards for this scale of home consistent with <br />the surroundings No twr story house has been built on Westlake on a lot this small This is trx> <br />much house for this site m this neighborhood <br />5. Reasonable Applkatien of the Standards and Findings for Crantinf a Variance <br />Orono’s Ordinance asks two basic questions to determine if a variance should be granted <br />First. “What is so unique about this property compared to rMheis that it cannot be used under <br />same standards applied to all other similar properties, and creates a hardship to the owner's <br />reasonable and expected use and enjoyment of the property?” In the Orono Code the answer to <br />this question has two elcmcms. First, the threshold finding, "How unique is this?" Second, the <br />severity finding, "Is this really a severe hardship?" <br />The required threshold findings are <br />(2) The plight of the landowner is due to circumstances unique to <br />his property not created by tlic landowner <br />(4) Economic considerations alone shall not constitute an undue <br />hardship if reasonable use for the property exists under the terms <br />of this chapter. <br />(8) The special conditions applying to the structure or land in <br />question are peculiar to such property or immediately adjoining <br />property <br />(9) The conditions do not apply generally to other land or <br />structures in the district in which the land is located. <br />(12) The granting of such variance will not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />demonstrable hardship or difficulty.
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