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440 Big Island - 23-117-23-32-0078
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14-3658, VAR
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Project Packet
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FILE# 14-3658 <br />14 Mar 2014 <br />Page 5 of 6 <br />(6) Compatible with the surrounding area as the area is used both presently and as it is <br />planned to be used in the future; the property owners' intended use of the property is <br />consistent with adjacent and surrounding properties on Big Island. <br />(7) Consistent with the character of the surrounding area, unless a change of character is <br />called for in the community management plan; in the opinion of staff this criterion is <br />met. <br />(8) Compatible with the character of buildings and site improvements in the surrounding <br />area, unless a change of character is called for in the community management plan; in <br />the opinion of staff this criterion is met. <br />(9) Not expected to substantially impair the use and enjoyment of the property in the <br />area or have a materially adverse impact on the property values in the area when <br />compared to the impairment or impact of generally permitted uses; in the opinion of <br />staff this criterion is met. <br />(10) Provided with screening and buffering adequate to mitigate undesirable views and <br />activities likely to disturb surrounding uses; the vegetation existing on the property <br />and surrounding properties as well as the topographic difference between the lake and <br />the building site will serve to screen the property owners' cabins from off the property. <br />(11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, <br />dust, electrical interference, general unsightliness, or other means; in the opinion of <br />staff this criterion is met. <br />(12) Not cause excessive non-residential traffic on residential streets, parking needs that <br />cause a demonstrable inconvenience to adjoining properties, traffic congestion, or <br />unsafe access; Not applicable. <br />(13) Designed to take into account the natural, scenic, and historic features of the area and <br />to minimize environmental impact; in the opinion of staff this criterion is met. <br />(14) All exterior lighting shall be so directed so as not to cast glare toward or onto the <br />public right-of-way or neighboring residential uses or districts; the property owners' <br />plans should adhere to the lighting standards of the Zoning Code; and <br />(15) Not detrimental to the public health, public safety, or general welfare. In the opinion <br />of staff this criterion is met. <br />Practical Difficulties Statement <br />Applicant should be asked for practical difficulties testimony regarding the application. <br />Practical Difficulties Analysis <br />In considering applications for variance, the Planning Commission shall consider the effect of <br />the proposed variance upon the health, safety and welfare of the community, existing and <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the <br />effect on values of property in the surrounding area. The Planning Commission shall consider <br />recommending approval for variances from the literal provisions of the Zoning Code in <br />instances where their strict enforcement would cause practical difficulties because of <br />circumstances unique to the individual property under consideration, and shall recommend <br />approval only when it is demonstrated that such actions will be in keeping with the spirit and <br />intent of the Orono Zoning Code. <br />Staff finds the applicant's request for a CUP and lot area variance is reasonable. The subject
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