01-20-1998 Planning Packet - Laserfiche WebLink

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Zoning File #2322 January 14,1998 Page 2 of that convolution, hence the answer provided was that a 6' fence is allowed. In fall 1997 staff was advised by a Councilmember that it appeared a privacy fence was going to be constructed along Watertown Road, and when this was investigated a 6' fence was in place. The property owner was notified of the 3 'A' limit and the potential issues regarding the Type 1 non-City protected wetland status of that part of his property. Applicant appeared before Council on November 10 requesting relief, and was advised to make a formal application for a variance, or perhaps a "temporary" variance. Applicant's intent is to maintain the 6' screening fence until a vegetative screen can be established that will provide a barrier to the headlights from traffic leaving Trufflila Trail, which exits directly north of the property onto Watertown Road. Hardship Statement Please review applicant's letter of request, which indicates concerns about the noise and headlight glare from Watertown Road and Truffula Trail. In staffs opinion traffic noise is a relatively minor issue, being no different for this property than dozens (if not hundreds) of other properties in Orono which abut a collector road. However, the headlight impact from Truffula Trail is somewhat unique to this property given the house location and elevation, as well as the location and elevation of Truffula Trail. In relation to the specific criteria for determining undue hardship: 1. 2. The property in question cannot be put to reasonable use if used under conditions allowed by the official controls. The property is being put to a reasonable use because it contains a single family residence. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The relationship between applicant's property and the orientation o/Truffula Trail is unique to applicant's property, because headlights from traffic exiting Truffula Trail aim directly at applicant's residence, and his rear yard is relatively open and not vegetated at this time. 3. The variance if granted will not alter the essential character of the locality. The City has maintained a character of open spaces, not hemmed in by privacy fences, along collector roads. Very few similar fences can be found within the rural area. A 6'fence at the intended location alters the essential character of the locality, is not in keeping with the normal practice within Orono's rural area, and is not appropriate on a permanent basis in staffs opinion.