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Brown Road South
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440 Brown Road South - 03-117-23-42-0012
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16-3872, VAR
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Project Packet
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C ITY OF ORONO <br />RESOLU TION OF THE CITY COUNCIL <br />NO. ___ 6~6L.........<-9_..i_' __ <br />2. The Property is located in the RR-18 One Family Rural Residential Zoning District. <br />3 . The Property contains 2 .5 acres in area and has a defined lot width of 100' at the cul-de- <br />sac and over 300 feet at the principal structure setback (50 feet). <br />4 . Applicant has applied for the following variance[s]: <br />a. Setback variances <br />5 . In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br />ANALYSIS: <br />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance .... " The proposed variances will be in harmony with the intent <br />of the Zoning Code as the proposed structure will be screened from view from off the <br />Property by the topography and vegetation that exists between the proposed structure, <br />the neighbors, and Brown Road . <br />2 . "Variances shall only be permitted ... when the variances are consistent with the <br />comprehensive plan ." The accessory building is residential in nature; and the variances <br />would allow for the accessory building to be located in a screened portion of the <br />Property. <br />3 . "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 manner, <br />however, the proposed use is not permitted by the official controls. <br />The location of the home is towards the very rear of the Property; an accessory <br />building cannot feasibly be constructed to meet the front setback requirement. <br />Construction of an accessory building in the proposed location is consistent with <br />OAS setbacks and is reasonable on this rural 2 .5 acre residential property . <br />b . The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />2
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