07-15-2002 Planning Packet - Laserfiche WebLink

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doors down, our proposed dwelling hardcover is S.3% of our total lot compared to our neighbor ’s new dwelling hardcover of 10% of their total lot. 3. Economic consideration alone is not the reason for this request. Economic considerations really have no bearing on the request. Should a variance not be granted, the applicant would be required to rebuild on the existing foundation. The resulting hardcover in both the 0-75’ and 75-250’ zone would be unchanged from today and would result in the continued non-conformity with the zoning ordinance and the Comprehensive plan. Alternatively, if the variance is granted, it will be somewhat more expensive to set back a new home and foundation within the 75-250’ zone, but the result will be a reduction in hardcover bringing conformity to the 0-75’ zone, no net increase in overall hardcover, and a structure that more fully complies with the Comprehensive plan and spirit of the zoning ordinance. 4. The special conditions applying to the land are peculiar to such property and the condition does not generally apply to other land in the district. As stated, there is no other property in Orono that is two acres, peninsular, has one and one-half dry acres in the 0-75’ zone and approximately 1,600 feet of shoreline resulting in the average lakeshore setback line outside the property boundaries This condition reduces build able zone by significantly reducing the size of the 75-250’ zone and eliminating the 250-500’ zone that is available to lakefront neighbors who have much smaller lots. 5. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 2800 Pheasant has been vacant for over three years. We believe that the primary reason for this inactivity was concern that a new house could not be constructed via a variance request. In this case, a 25% hardcover limitation, combined with the difficult driveway access, would result in the inability to construct a reasonable dwelling structure In fact the resulting available hardcover available for this two-acre site, after driveway access, would be approximately 2000sf, inclusive of overhangs sidewalks, landscaping and patio. Such a limitation effectively deprives the applicant of it’s property right to construct a reasonable dwelling unit on their land. 6. The granting of the variance will not be contrary to the intent of the zoning code. In fact, the granting will bring the property more within the spirit of the zoning ordinance by decreasing hardcover in the 0-75’ zone and significantly increasing the grassed surface for run off in the 0-75’ zone when the dwelling structure is moved back into the 75-250’ zone. In addition, the improved access to the house will promote safety by redirecting on street parking and improving traffic flow to and from the home. •-». •• .• «• ^ vV->/✓