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. . . -2— Novembes 15,2006 <br /> " � . . . , � : drainage from the new house. lt 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 severa!omissions from the plan we reviewed on 11/14/06. � <br /> a. The Average Lakeshore setback line - . <br /> - : . � . . . <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 on 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. 1'he eastside fireplace as drawn is in the setback by more than the 1.5'allowed requiring <br /> , ' a side setbacic variance •: � . ' � � <br /> _ . : _ f. Lo. , . _ . .. . _ . . <br /> - west 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 Fiace the 4 nea��st neighbars to�205 all hai�e bsen�r 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 /> 11. 31.7%as proposed(without additions in#7)is 26.8%more hardcover than aliowed in the 75-250 <br /> . zone. Not just 6.7%as the numbers imply. � <br /> . , . <br /> 12. Although the easement splitting the property is unique to these several properties it does leave <br /> more buiidabie area behind the easemeat t�'�aa'it does in front af the sasement 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 a(lowed by the official controls. �We cannot find that Orono has a <br /> � definition of"reasonable use" but it could be assumed thaE 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. The variances df 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 />