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10-15-2001 Planning Packet
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10-15-2001 Planning Packet
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1 0. The granting of the application is necessary for the preserv ation and enjoyment <br />of a substantial property right of the applicant. <br />The applicant has staled the fence would be necessary for security on the properly. The <br />proposed fence would provide security and not change the character of the property. <br />Neighboring residents had addressed the City Council recently about the number and breeds <br />ofdogs on the property as part ofthe Residential Kennel License review. The 6 'fence would <br />also provide fencing to keep the dogs on the property. <br />11 . The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrar>' to the intent of the Zoning Code. <br />The fence would not impair the health, safety, comfort, morals, or in any other respect be <br />contrary to the intent of the Zoning Code. The Zoning Code limits the height on fences in <br />street yards for a variety of reasons including visual impact and not to negatively impact and <br />create public safety issue by restricting adequate site distances to a road <br />There would be minimal impact on the aesthetics of the fence because most of the fence is <br />screened by the trets. The fence is located between 12' and 45 'from the property lines along <br />Orono Orchard Road and would be setback 6'to 13 'from the property line along Dickenson <br />Street. Both Orono Orchard Road and Dickenson Street are paved with an additional 15' <br />to 20' of distance between the traveled portion of the roads and property lines. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difficulty. <br />The variance will provide added security to the property’ which is a concern based on the <br />relatively large size of the lot Other public .safety issues to consider are the fact a large <br />pond is located in the center of the property and the use of the property for dogs. The <br />Council had recently approved a Residential Kennel License for the property. <br />Staff Recommendation <br />Stall'is recommending approval of the variance request based on the hardship that the fence would <br />be securing a large property of 14.7 acres in the RR-IB zoning district. The property is in an area <br />where the general development is consistent with other properties in the locality. Generally the City <br />has required screening to eliminate the visual impact of oversize fences. The screening provided <br />does minimize the visual impact of the fence. <br />001-2726 Eroias Building Corporation <br />450 Orono Orchard Road <br />9 17/01 <br />Page 4 of 5
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