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HARDSHIP STATEMENT FOR VARIAN CE APPLICATION 3382 BAYSIDE ROAD, ORONO 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls ." The existing residence located on the subject property was constructed in 1942 . It has not been well maintained, is presently vacant and does not conform with the requirements of the City's current zoning ordinances. The most reasonable use of the subject property is to remove the existing residence and construct a new single-family residence on the subject property . This use is not practical because the property does not meet current minimum lot size and setback requirements, which were adopted after construction of the existing home located on the subject property. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The irregular shape, nonconforming size and the existence of Stubb's Bay Creek on the subject property are all unique to this property and are not circumstances created by the landowner or Applicants. The necessity of obtaining these variances results from zoning requirements adopted by the City of Orono after the use of the subject property as a single parcel for residential use was established , and were not created by the landowner or Applicants. 3. "The variance, if granted , will not alter the essential character of the locality." The new residential dwelling proposed by Applicants is of a size and design in harmony with other residences within the surrounding neighborhood. Applicants have proposed screening, vegetative buffering and other mitigative measures so that approval of the requested variances and construction of the proposed single-family residence will not alter the essential character of the locality. Applicants ' proposed vegetative buffering, bank stabilization and other improvements within the 75 foot setback from Stubb's Bay Creek will significantly improve the subject property and be of benefit to the surrounding neighborhood. Granting the variance will, in fact, result in improvements to the neighborhood and the property itself. Applicants propose to remove the existing driveway exiting to Bayside Road and relocate the driveway to Crestview Avenue . This will result in a safer traffic condition than the current driveway entrance on Bayside Road, which is of benefit to the property and the neighborhood. The existing driveway to Bayside Road would be removed resulting in a significant reduction of the hardcover within the 75 foot setback from Stubb's Bay Creek because the existing driveway is currently located within this setback and the new driveway to Crestview will not be. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Applicants ' request is not based on economic considerations. Instead, Applicants' variance request is based on the impracticability of constructing a new single-family residence on the subject property in strict compliance with all requirements of the City's zoning ordinance due to the unique characteristics of the subject property. REC EIVED # 2 4 2 8 Huthwaite/Hardship Statement 1 SEP 2 1 2009 J