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Resolution 6490
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Reso 6400 - 6499 May 12, 2014 - April 27, 2015
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Resolution 6490
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10/20/2015 1:35:07 PM
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�o�o <br /> C ITY OF ORONO <br /> RESOLU'I'ION OF `THE CITY COUNCIL <br /> y� � 6490 <br /> �' N O. <br /> `�kES HO�� <br /> Granting variances in order to construct a new residence on a very substandard <br /> property that has been devoid of a residence structure is not necessary for the <br /> preservation and enjoyment of a substantial property right of the applicanz <br /> The reasonable uses of the Property are the same uses that have been enjoyed by <br /> the current and various prior owners for many decades. The current owners, the <br /> Pfeffers, purchased the Property in 1980 with constructive knowledge that <br /> variances to build on the site had been denied just t►vo years earlier, and would <br /> have known that the Property could not be built on. The general parameters for <br /> buildability within the LR-1B district (lot area, lot width, setbacks, etc.) have not <br /> become more restYictive since the current owners acquired the Property. <br /> (1 ]) "The granting of the proposed variance will not in any way impair health, safety, <br /> comfort or morals, or in any other respect be contrary to the intent of this chapter." <br /> The filling and grading necessary in order to correct the existing site conditions <br /> to make the lot buildable if variances are granted, i.e. redirect the �iatural <br /> drainage through the site to create a buildable pad that won't be subject to <br /> periodic flooding, potentially requires removal of a substantial number of <br /> protected trees within the 0-75'zone. This would be contrary to the intent of the <br /> zoning code. <br /> (12) "The ganting of such variance will not merely serve as a convenience to the <br /> applicant, but is necessary to alleviate demonstrable difficulty." <br /> On tlzree occasions in the past, the City has determined that the lot should not be <br /> built upon. In the I978 City Council resolution denying the lot area, lot width <br /> and setback variances, the Council adopted a number of findings supporting <br /> denia� The variance request in 2013 ��esulted in a resolution of denial that <br /> contains a numbe� of findings establishing a basis for denial of the variances <br /> �•equested. <br /> Page8of10 <br /> 1 s i»av2 <br />
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