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F . <br /> . _2_ November 15,2006 <br /> drainage from the new house. It appears that most if not all of the water from•the long driveway ' <br /> will end up in our yard because the garage is at 949.5 and the manhole cover is at 948.8. Also <br /> lakeside there is no plan to deal with the water flow from the new house and stop it all from <br /> flowing west into our yard. <br /> . 7. We also note several omissions from the plan we reviewed on 11/14/06. <br /> a. The Average Lakeshore setback line. . <br /> b. There is no sidewalk from driveway to front stoop on survey or in hardcover but required <br /> c. There are no steps to front stoop oci survey or in hardcover but depicted in elevations <br /> d. East side of home Lake access steps are not on.survey or in hardcover but depicted <br /> e. The east side fireplace as drawn is in the setback by more than the 1.5'allowed requiring <br /> a side setback variance � <br /> _ _ _ _ _ _ _ _ _ _ _ . � <br /> f. Lowest depth of sport court is not noted and may reach the 932.4 minimum <br /> g. The 250'from lake setback is incorrectly drawn — � <br /> 8. It should be noted that the buildings at 4209 North shore, 4215 North shore,4203 North shore and . <br /> 1530 Orchard Beach Piace the 4 nearest neighbors to 4205 all have been or are being built with no � <br /> hardcover or average lakeshore setback variances and are all newer than 1993. <br /> 9. 1530 Orchard Beach place is in fact behind its only neighboring home 4215 North shore by <br /> approximately 25 feet showing that it would not be unreasonable usage of a lot in this area to place <br /> a home on 4205 behind the easement. See picture . <br /> � 10. 4205 is approximately .63 acres and it is uncommon for Orono to give hardcover variances for <br /> , such a large lot. � � � ' ' <br /> 1]. 31.7%as proposed(without additions in#7)�is 26.8%more hardcover than allowed in the 75-250 <br /> zone. Not just 6.7%as the numbers imply. <br /> - � <br /> 12. Although the easement splitting the properiy is unique to these several properties it does leave <br /> more buildable area behind the easement thal it does ir. front of the easement on both 4209 and . <br /> 4205. � <br /> � 13. The proposal has failed to prove that the property in question cannot be put to a reasonable use if, . <br /> used under the conditions allowed by the official controls. We.cannot find that Orono has a <br /> � definition of"reasonable use" but it could be assumed that the standard would be the Orono <br /> minimum house size standard of 1500 square feet for the house and garage. Clearly if this is the <br /> standard there are countless configurations that meet all official controls and this standard for the <br /> lot at 4205. � <br /> 14. Highmark Builders Inc suggests that the variance will not alter the essential character of the <br /> locality. We strongly disagree. 1'he variances of Hardcover and Average Lakeshore setback will <br /> significantly block the views from our home therefore significantly altering the character of the <br /> locality. ' � � <br /> 15. Importantly, if it is the determination of the planning commission that the location of the utility <br /> ' easement is a hardship,then the commission would not be alleviating the hardship by allowing an <br /> average lakeshore setback variance for 4205 it would only be moving the entire burden of the <br /> hardship to our lake views and property at 4209. ' <br />