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Brown Road North
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819 Brown Road North - 27-118-23-34-0005
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03-2965, VAR
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Project Packet
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Hardcover Calculations: <br />;Hardcover Total Area in Allowed Existing <br />Zone Zone Hardcover Hardcover <br />250-500 18,430 s.f. 5,529 s.f. 407 s.f.* <br />(30%) (2.2 %) <br />500-1000 25,139 s.f. 75-tl.7 s.f. 3,893 s.f.* <br />(35%) (15.5 %) <br />* After exclusion of fabnc or plast1c-lmed landscape beds <br />Side Yard Setback Variance <br />FILE#03-2965 <br />January 7, 2004 <br />Page 3 of 5 <br />Proposed <br />Hardcover <br />643 s.f. <br />(3.5 %) <br />7,938 s.f. <br />(31.6 %) <br />The applicants have proposed to extensively remodel their home while utilizing the. <br />existing foundation. The proposal is ,·irtually a total rebuild, but re-using much of the <br />foundation for cost savings. There \\ill be t\vo new areas of additional square footage <br />where foundation will be installed. The new living space will consist of 288 s.f., 24 s.f <br />and 20 s.f additions to the home and a 230 s.f. addition to the garage. The applicants are <br />requesting to maintain the substandard setback in order to continue the existing line of the <br />building with the garage addition. The applicants have also requested that the 2nd story <br />addition also maintain the substandard side setback. <br />Hardship Statement <br />Applicant has provided a hardship statement in Exhibit B, and should be asked for <br />additional testimony regarding the application. <br />Hardship Analysis <br />In considering applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon tlte health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to tlte public safety, and the effect on values of property in <br />tlte surrounding area. The Planning Commission shall consider recommending approval for variances <br />from the literal provisions of the Zoning Code in instances where their strict enforcement would cause <br />undue hardship because of circumstances unique to the individual property under consideration, and <br />shall recommend approval only when it is demonstrated that such actions will be in keeping with the <br />spirit and intent of the Orono Zoning Code. <br />Staff finds potential justification for granting the side setback variance including <br />substantial separation from neighboring homes, and the minor magnitude of continuing <br />the side·line of the house at essentially the same setback. Also, if the existing foundation <br />was not being reused, there would be absolutely no need for a variance. The house <br />foundation however is substantially centered on the site with only 15'-16' to the south <br />setback line or 22'-23' to the north setback line, so that creating a 2-car garage on either <br />side would be difficult or impossible ,vithout a variance, or require the garage to be <br />forward or rearward of the house. <br />Staff would make the following recommendations in regards to the criteria for "undue <br />hardship" pertinent to this application: <br />3
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