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08-25-2003 Council Packet
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08-25-2003 Council Packet
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N0^2922 <br />Atfgust 18,2003 <br />Page 2 of3 <br />Exhibit D - Report from the 7-21-03 PC meeting and associated exhibits. <br />Background <br />This proposal was originally heard at the July 2I*‘ Planning Commission meeting. At <br />that time the applicants were instructed to work with staff on a redesign and conduct a <br />wetland delineation if appropriate. The applicants have conducted a wetland delineation <br />but have proposed the same monuments that were originally proposed. <br />Wetland Setback Variance <br />Staff has met with the applicant and has concluded that whether identifying the property <br />is accomplished with an address monument or standard 6 ” x 6 ” post/hanging sign, the <br />effects that they would have on the wetlands arc minimal. Staff has reviewed the wetland <br />delineation report and sight visibility triangle in relation to the location of the <br />monuments. Because the monuments will be outside both the wetland boundary and <br />sight visibility triangle, staff is allowing the applicants to proceed with the monument <br />design. A 12’ setback is proposed on the west side of the drive and a 5’ setback is <br />proposed on the east side of the drive. Two separate wetland setback variances are <br />required; one for each monument. <br />Hardship Statement <br />Applicant has provided a brief hardship statement in E.xhibii C, and should be asked for <br />additional testimony regarding the application. <br />Hardship Analysis <br />ht considering applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated <br />truffle conditions, tight and air, danger of fire, risk to the public safety, and the effect on values of <br />property In the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zot .ig Code in instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the individual <br />proper . under consideration, and shall recommend approval only when It Is demonstrated that such <br />actions will be in keeping with the spirit and Intent of the Orono Zoning Code. <br />The recommendations in regards to the hardship criteria arc the same as those in the <br />previous planning report a.id should be referenced in Exhibit D. Staff would also add <br />that some type of identification is needed for safct> purposes and that the wetland <br />locations and vegetation along the roadway and in the right-of-way are hardships inherent <br />to the property preventing the address markers which normally can be installed without <br />City approval. <br />Issues for Consideration <br />1. Should a stone address monument be allowed within the wetland setback? <br />2. Will the structural integrity of the monument be compromised due to the wet soils? <br />Should the applicants be required to submit plans to verify footing design? <br />3. Should the applicants be required to dedicate equal area of lost wetland buffer? It is
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