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11-19-2007 Planning Commission Packet
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11-19-2007 Planning Commission Packet
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FILE 07-3324 � <br /> November 19,2007 � <br /> Page 2 of 3 <br /> -------------------------------------------------------------------------------------- <br /> LOT ANALYSIS WORSHEET <br /> Lot Area/Width• <br /> Re uired Actual <br /> � Lot Area 1 acre 0.5 8 acres <br /> Lot Width 140 feet 125 feet � <br /> -------------------------------------------------------------------------------------- <br /> Fence Height Variance <br /> As a non-lakeshore lot this property is limited to a 42-inch high fence (measured from the <br /> ground below the fence) for the first 35 feet back from the front property line. As North <br /> Shore Drive is a county road,if the property were lakeshore it would be pernutted a six-foot <br /> high fence (measured from the crown of the road) along the street property line. <br /> Hardship Statement <br /> Applicant has completed the Hardship Documenta.tion Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Hardship Analysis <br /> In considering applications for variance, the Planning Commission sl:all consider the effect of tl:e proposed <br /> variance upon t/ie health, safety and welfare of the communit,�, existing and anticipated traffrc conditions, <br /> ligl:t and air, danger of fire, risk to the public safety, and t/ie eJfect on values of property in the surrounding <br /> area Tl:e Planning Commission sl:all consider recommending approval for variances from t/ie literal <br /> provisions of tl:e Zoning Code in instances where tl:eir strict enforcement would cause undue liards/iip <br /> because of circumstances unique to tl:e individual property under consideration, and sl:al[ recommend <br /> approval only wl:en it is demonstrated t/:at such actions will be in keeping with tJ:e spirit and intent of t/:e <br /> Orono Zoning Code. <br /> Issues for Consideration <br /> Based on inquiries are many non-lakeshore properties on County Roads that would like to <br /> erect fences more than 42 inches high. The Commission would need to fmd there is some <br /> characteristic of this property that distinguishes it from other non-lakeshore properties on <br /> County Roads. <br /> The Commission should consider if the fence has changed the character of the surrounding <br /> area. Fence height in front yards is regulated so the image of the neighborhood is one of <br /> yards and houses rather than fences. (One of the reasons lakeshore lots on County Roads are <br /> allowed the taller fence is to screen the "backyard" character of these yards.) This fence is <br /> very different from the open, decorative metal fence allowed at 1260 Bracketts Point Road <br /> (#07-3060). <br /> If the Commission is inclined to grant the variance Staff would recommend that it be for a <br /> limited time to allow Ms. M�eld to re-establish a screen of shrubs and small trees (that <br /> would not be subject to trimming by the power company). <br /> Are there any other issues or concerns with this application? <br />
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