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Resolution 7617 Variance and Conditional Use Permit Home Build 1440 Baldur Park Rd
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Resolution 7617 Variance and Conditional Use Permit Home Build 1440 Baldur Park Rd
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Last modified
9/10/2025 3:50:27 PM
Creation date
9/9/2025 3:10:36 PM
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Administration
Admin Doc Type
Resolution
Section
Resolutions
Subject
Cariance and CUP New Home Build
Document Date
9/8/2025
Retention
Permanent After File Date
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AzLOt�O CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7617 <br /> 4 ESHO <br /> A6. In considering this application, the Council has considered the advice and <br /> recommendation of the Planning Commission and the effect of the proposed variances <br /> and conditional use permit upon the health, safety, and welfare of the community, <br /> existing and anticipated traffic conditions, light and air, danger of fire, risk to the public <br /> safety, and the effect on values of property in the surrounding area. <br /> PRACTICAL DIFFICULTY ANALYSIS: <br /> B1."Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance . . . ." The proposed variances are in harmony with the <br /> purpose of the Ordinance. The substandard lot has difficulties in its small size and narrow <br /> width, the lack of on-street parking, and the low elevation of the Property, making <br /> development difficult. <br /> B2."Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The variances proposed to rebuild a new home on this <br /> nonconforming lot are consistent with the comprehensive plan. <br /> B3."Variances may be granted when the applicant for the variance establishes that there are <br /> practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in <br /> connection with the granting of a variance, means that: <br /> a. The property owner in question proposes to use the property in a reasonable <br /> manner, however, the proposed use is not permitted by the official controls. The <br /> request to permit the construction of a new residence on the substandard lot is <br /> reasonable. The proposed hardcover is a reduction from the existing condition. <br /> b. The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. The substandard lot size is an existing condition, and <br /> there is no available land with which to make the Property more conforming. The <br /> restricted roadway, low topography, lot size and shape, and location are <br /> challenges not created by the owners. There should be consideration for <br /> variances for the Property, which is substandard in area and setback <br /> requirements. The project has been designed with an effort toward limiting the <br /> additional hardcover without sacrificing functionality; and <br /> c. The variance, if granted, will not alter the essential character of the locality." he <br /> variances are requested to permit the construction of a new home on the <br /> Property, which is reasonable. <br /> 3 <br />
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