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JUfM 16, 199} <br />3 <br />ia only a snail •lovation chanqo, a nidevalk curvinq in th« <br />fashion indicatsd on tha sltai plan attached ba a pomlttad <br />inprovansnt within tha 50-foot sona. Tha aidawalk will ba low- <br />kay, nicaly landscapad and will ba a poaitiva addition to both <br />tha fl99a raaidanca and to Suqarvoodn. <br />Procadura. Tha Figqa's would like pamission to naka tha <br />thraa changas dascribad abova. Tha cethodoloqy of making tha <br />changas nay aithar ba by intarpratation of tha axiating <br />daclaration and Orono Rasolution No. 2vi>2, or by varlanca from <br />Orono Resolution No. 2652 and other governing rules and <br />regulations because of hardship to tha applicant. <br />With regard to tha sidewalk, tha hardship to tha applicant <br />is caused by tha unique shape and topography of the Figge lot in <br />that it drops away steeply to tha rear limiting the usable area <br />outside the 50-foot setback zona on tha street side of tha <br />property; tha problem is a naturally created one not created by <br />tha Figga's; for a substantial and lovely new house it is a <br />hardship that there ba no adequate means of pedestrian access to <br />it. The lack thereof would sat their property apart from other <br />lots in Sugarwoods which have a more amenable usable building <br />area on tha street side for appropriate vehicular and pedestrian <br />access. <br />The reasons for the driveway interpratatiun or variance are <br />similar, but are more related to, in essence, carrying out the <br />intents and purposes of Orono Resolution No. 2652 in that a <br />curving driveway, the Figge's submit, is more aesthetic, more <br />natural, than a perfectly straight driveway and it is our view <br />that "straight" refers to the permissible 20-foot width from the <br />/n <br />Immediately north of tha patio, at the rear <br />of tha house there ia an area approximately 35* x 25*, triangular <br />in shape, under water with about 10** of water at tha daapaat <br />point which watar has already killed soma mature trees. The <br />rigge*a wish to fill this area so that the area will positively <br />drain to tha north of tha lot where the drainage and utility <br />easement lias and where tha balance of tha drainage on tha lot <br />now flows. This small, low spot was caused by "voluntaar" <br />(suckering) ash trees which grew up along fence line. Tha trees <br />should have bean trimmed to prevent water blockage, but they were <br />not. Over time, as the ash grew in profundity they stopped the <br />water flow out of the area, caused the water build-up and killed <br />trees in the area. Even though this fill will ba within the 50- <br />foot setback zone, it is beneficial to the rigge*s property and <br />Sugarwoods in general in that it will facilitate better drainage <br />from the site, will prevent the killing of more and more trees <br />and will restore the area to its preexisting natural condition.